1 / 4 2025:CGHC:7876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 848 of 2025 1 - Hemnath Deshlahra @ Ajay S/o Gopal Das Aged About 40 Years R/o Ward No. 07, Ramnagar, Kumhari, Police Station Kumhari, District - Durg (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through- Station House Officer, Police Station - Old Bhilai, District - Durg (C.G.) ... Respondent For Applicant : Mr. Amiyakant Tiwari, Advocate For State : Ms. Sunita Sahu, PL (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 13/02/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 08/06/2024 in connection with Crime No. 207/2024, registered at Police Station Old Bhilai, District Durg, C.G. for the offence punishable under Sections 363, 366, 376 (2) (F) of IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that on 27/05/2024 at about 11.00 a.m. the prosecutrix went for computer class in her scooty but did not ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.17 17:26:26 +0530 2 / 4 return her home till evening. Thereafter, her mother searched her but could not find her. Subsequently, she came to know that her daughter/prosecutrix was taken away by some unknown person. Upon receiving such information a report was lodged and during investigation the girl was recovered from the possession of the present applicant. Thereafter, the applicant was arrested. 3. Learned counsel for the applicant would submit that the applicant has not committed any offence as alleged against him. He would next contend that the there is no sign of violence with the prosecutrix and the medical report also does not support the allegations made by the prosecutrix for committing of rape on her. He would lastly contend that the applicant is in jail since 08/06/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. Prosecutrix along with her mother appeared through video conferencing from DLSA, Durg and they recorded their no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that the applicant and the prosecutrix are relatives and the prosecutrix and her mother have recorded their no objection with regard to grant of bail to the applicant. Considering the same and further taking into consideration the fact that the applicant is in jail since 08/06/2024, I am inclined to release the applicant on bail. 8. Let applicant Hemnath Deshlahra @ Ajay, involved in Crime No.207/2024, under Sections 363, 366, 376 (2) (F) of IPC and Section 6 3 / 4 of the Protection of Children from Sexual Offences Act, 2012, police station Old Bhilai, District Durg, C.G., be released on bail on his furnishing a bail bond in sum of Rs.10,000/- with one surety in 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 sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 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 Nyay Sanhita, 2023. (iv) The applicant shall remain present, in person, before the 4 / 4 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 them in accordance with law. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma) JUDGE ashu