1 2025:CGHC:55339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8083 of 2025  Kapil S/o Surajdev Aged About 19 Years R/o Village Ruppur, Police Station Basantpur, District Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus  State Of Chhattisgarh Through The Station House OfÏcer, Police Station Basantpur, District Balrampur-Ramanujganj (C.G.)--- Non-Applicant For Applicant : Mr. A.N. Pandey, Advocate. For-Non-applicant : Ms. Nupur Trivedi, Panel Lawyer. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 13/11/2025 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. 102/2025 registered at Police Station Basantpur, District Balrampur Ramanujganj (C.G.), for the offence punishable under Sections 64 of BNS and Section 4 & 6 of the POCSO Act. 2. The allegation against the present applicant as per the prosecution case is that, on 29.05.2025 father of the prosecutrix has lodged a written report at the Police Station Basantpur, alleging that on 21.05.2025 at Digitally signed by JYOTI JHA Date: 2025.11.14 10:49:20 +0530 2 about 08:00 pm, his minor daughter/victim was returning from the marked and had reached the hills. At that time, the accused/applicant arrived on a motorcycle and forcibly grabbed her, took her to the roadside and forcibly committed sexual intercourse with her. From that day, the victim was in fear. On 27.05.2025, when the father of the prosecutrix asked the victim why she was feeling scared, she told him about the incident. On the basis of said report, an F.I.R. in this regard was lodged and the present applicant has been arrested on 29.05.2025 3. In pursuance of notice issued to victim, Today, victim along with her father appeared before this Court through DLSA Balrampur and raised no objection in releasing the applicant on bail. 4. It has been argued by the learned counsel for the applicant that prosecutrix (PW-1) and her father(PW-2) have already examine before the learned trial Court and both have turned hostile and not supported the case of the prosecution, vide Annexure P/3. He further submits that there is delay in lodging of FIR without explaining any cogent reason in delay of lodging FIR and the applicant is in jail since 29.05.2025, hence he prays that the applicant be enlarged on bail. 5. Learned Panel Lawyer, appearing for the State however opposing the bail application submits that the prosecutrix was a minor aged about 15 years and thus prayed for rejection of bail application. 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 note of the statement of the prosecutrix and 3 her father who have turned hostile before the trial Court and they have not said anything against the applicant and considering the fact that the trial is likely to take sometime for its conclusion and the applicant is in jail since 29.05.2025, this Court 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 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