1 2025:CGHC:56128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8846 of 2025  Xyz (Details Of The Applicant Is Enclosed In A Close Envelop) ... Petitioner(s) versus  State Of Chhattisgarh Through Police Station Vidhansabha, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Priyank Rathi, Advocate. For Respondent : Mr. Pragya Shrivastava, Dy. G.A. For Objector : Mr. Vikas Shrivastava, Advocate Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 18/11/2025 1. This is the first bail application filed under Section 483 of the B.N.S.S. for grant of regular bail to the applicant who has been arrested in connection with Crime No. 482/2025 registered at Police Station Vidhansabha, District Raipur (C.G.), for the offence punishable under Sections 75(1) of BNS and under Section 8 of POCSO Act 2012. 2. The allegation against the present applicant as per the prosecution case is that, a written report was lodged against the applicant alleging that the victim’s parents have been living separately since the year 2009. It is alleged that on 28.04.2024, the applicant visited the house of the victim and went to sleep in a room located on the ground floor. After some time, he called the victim who is his daughter in relation, and allegedly told her that he liked her and the applicant touched the victim inappropriately and Digitally signed by JYOTI JHA Date: 2025.11.19 10:49:00 +0530 2 threatened to kill her if she disclosed the incident to anyone. It is alleged that victim, being frightened and out of shame, did not inform anyone about the incident. The prosecution has father alleged that taking advantage of her silence, the applicant repeatedly committed similar acts thereafter. It is also alleged that on 27.04.2025, when the applicant again misbehaved with the victim in the absence of her mother, the victim, being disturbed and upset, narrated the entire incident to her mother in detail. Subsequently, an F.I.R. in this regard was lodged and the present applicant has been arrested on 24.09.2025 3. It has been argued by the learned counsel for the applicant that the FIR appears to be motivated and is an outcome of family disputes. It is submitted that there are long-standing matrimonial differences between the applicant and his wife, who is the mother of the victim, therefore false allegations have been levelled against the applicant due to misunderstanding and domestic discord. There is an inordiante and unexplained delay in lodging the FIR. The alleged first incident is stated to have occurred on 28.04.2024 and the last incident on 27.04.2025, whereas the FIR was lodged only on 24.09.2025 after a delay of nearly five months. The applicant is in jail since 24.09.2025, hence he prays that the applicant be enlarged on bail. 4. Learned Panel Lawyer, appearing for the State opposed the bail application of the applicant. 5. Today, learned counsel for complainant along with the victim and her mother have appeared and present before this Court and have raised no objection in releasing the applicant on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Having heard the contentions put forth on either side and on perusal of record, particularly taking into consideration that the victim and her mother present before this Court and they have not stated anything against the applicant, even the victim stated that her father has not done anything to her and further looking to the trial is likely to take sometime for its conclusion and the applicant is in jail since 24.09.2025, this Court 3 is of the view that the applicant is entitled to be released on bail in this case. 8. Let applicant be released on bail on his furnishing a personal bond of Rs. 10,000/- with one surety in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bhartiya Nyaya Sahita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of BNSS 2023. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyaya Sahita, 2023 (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS 2023 If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Arvind Kumar Verma) JUDGE Jyoti