1 2025:CGHC:7946 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 892 of 2025 Sameer Ansari @ Arman S/o Sameed Ansari Aged About 19 Years R/o Village- Bela, Police Station- Sherghati, District- Gaya, Bihar. Presently Residing At Tapin No. 42, Near Colony Shiv Temple, Police Station- Charhi, District- Hazaribagh, Jharkhand (Particulars Of The Applicant Is Mentioned Correctly) ... Applicant versus State Of Chhattisgarh Through- Police Station- Purani Bhilai, District- Durg (C.G.). ---- Respondent For Applicant : Mr. Anmol Sharma, Advocate For Respondent/State : Ms. Vaishali Mahilong, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 14/02/2025 1. In compliance of Court’s order dated 31.01.2025, victim and her mother appeared before this Court through video conferencing from the DLSA- Durg (C.G.). On being asked, they have raised objection to release the applicant on bail. 2 2. The applicant has been preferred this first bail application under Section 483 of the BNSS, 2023 for grant of regular bail as he is arrested in connection with Crime No.179/2024, registered at Police Station- Purani Bhilai, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 6 of the POCSO Act. 3. Brief facts of this case are that on 10.05.2024 the father of the prosecutrix lodged a missing compliant before the police authorities stating that on 09.05.2024, all the family members after taking dinner went to sleep de and the next morning her minor daughter was missing in the morning and thereafter, she didn't return to home. Family members enquired whereabouts of the prosecutrix, but couldn't find her. Some unknown person might have taken her by luring her. On the basis of the complaint missing report was lodged by the police authorities against unknown persons and started investigation. That during the course of investigation, the police authorities recovered her from Ahmad Nagar and after which she narrated the entire incident to the police authorities. Subsequently, the present applicant and one juvenile co-accused was arrested for the above-mentioned offence. The applicant was arrested and sent to judicial custody and after completion of investigation, the police authorities have filed chargesheet. 3 4. Learned counsel for the applicant contended that the applicant has not committed any offence and he was falsely implicated in the present case. He further contended that the complaint has lodged the FIR under the pressure of the family members as she was caught by her brother for talking to the present applicant. He further contended that the applicant and the prosecutrix were in relationship and they both went to Ahmed Nagar by train and resided there about 15 days and she never raised any alarm. He further contended that there is no sign of injury on the body of the prosecutrix. The applicant is in jail since 27.05.2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicant. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and further considering the fact that at the time of incident, age of the victim was 16 years while age of the applicant was 19 yearss, chart-sheet has been filed in the present case. In this case material witnesses have also been examined and the prosecution has not shown that the applicant trying to tamper the witnesses and the applicant is in jail since 27.05.2024 and 4 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 applicant involved in Crime No.179/2024, registered at Police Station- Purani Bhilai, District Durg (C.G.) for the offence punishable under Sections 363, 366, 376(2)(n) of IPC and Section 6 of the POCSO Act, be released on bail on his 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 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 5 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