1 2025:CGHC:56134 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 8432 of 2025 Som Yadav S/o Jammulal Yadav Aged About 20 Years R/o Village Nagarideeh, Police Station Hasaud, District Sakti (C.G.). ... Applicant versus State Of Chhattisgarh Through Police Station Hasaud, District Sakti (C.G.) ---- Respondent For Applicant : Mr. Krishna Kumar Dewangan, Advocate For Respondent/State : Ms. Pragya Shrivastava, Dy. GA Hon'ble Shri Justice Arvind Kumar Verma Order on Board 18/11/2025 1. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail. The applicant is arrested in connection with Crime No.121/2025, registered at Police Station- Hasaud, District Sakti (C.G.) for the offence punishable under Sections 331(2), 74, 351(2), 115(2) of BNS, Section 8 of POCSO Act and Section 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act. 2 2. Brief facts of this case are that on 10.07.2025 at 9.30 p.m. to 10 p.m. the applicant entered the house of prosecutrix's and then gone to their room. Knowing that she belonged to the Satnami caste and was minor yet with the intention of insulting the prosecutrix entered the room at night held the prosecutrix hand, arm pressed her chest. There is an allegation of beating punch by holding his hair and threatening to kill him and biting him with his teeth between the fingers of his left hand. The prosecutrix has lodged written report before police station Hasaud, District Sakti (C.G.) the concern police have registered a crime no. 121/2025 an alleged offence punishable under Section 331(2), 74, 351(2), 115(2) of B.N.S., Section 8 of POCSO Act and Section 3(2) (Va) of S.C./S.T. Act. After competition of investigation charge sheet has been submitted, case is pending before learned Upper Session Judge (F.T.C.) Sakti, District Sakti (C.G.). 3. Learned counsel for the applicant contended that, the applicant is innocent and he has falsely been implicated in the alleged crime, he has not committed any offence as alleged against him. He further contended that the prosecutrix and material witnesses has examined and they have not supported the prosecution case. The doctor has not given the opinion of victim injury and he has not advised the prosecutrix for X-Ray. The victim has not been hospitalized. The present applicant is in jail since 13.07.2025 and and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 3 4. Per contra, learned counsel for the State opposes the bail application submitted by the applicant. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. In compliance of order dated 17.10.2025, victim has appeared before this Court through video conferencing from the DLSA Janjgir. On being asked, she raised objection for grant of bail to the applicant. 7. Taking into consideration the facts and circumstances of the case, submission made by counsel for the parties and further considering the totality of the facts and the applicant is in jail since 13.07.2025 and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the applicants involved in Crime No.121/2025, registered at Police Station- Hasaud, District Sakti (C.G.) for the offence punishable under Sections 331(2), 74, 351(2), 115(2) of BNS, Section 8 of POCSO Act and Section 3(2)(Va) of the SC/ST (Prevention of Atrocities) Act, be released on bail on their furnishing a personal bond of Rs.10,000/- with one surety in the like sum 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 4 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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of BNS, 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 the 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 BNS, 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 sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) Judge Vasant