1 2025:CGHC:60239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10127 of 2025 Sachidanand Das Mahant S/o Jagdish Das Mahant Aged About 26 Years R/o Kosanga, P S Lakhanpur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through S H O To P S Gandhinagar, District : Surguja (Ambikapur), Chhattisgarh ... Respondent(s) For Applicant : Mr. Praveen Soni along with Mr. Suraj Kumar, Advocate For Respondent(s) For Complainant : : Ms. Nupur Trivedi, Panel Lawyer Mr. Priyanshu Singh, Advocate Hon’ble Shri Justice Arvind Kumar Verma, Judge Order on Board 11/12/2025 1. This is the first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 26.08.2025 in connection with Crime No. 496/2025, registered at Police Station- Gandhinagar, District- 2 Sarguja (C.G.) for the offence punishable under Sections 376(2) (n) of IPC and Sections 4 and 6 of POCSO Act, 2012. 2. The prosecution story, in brief, is that based on the the prosecutrix’s complaint, the authorities at P.S. Gandhinagar, District- Sarguja has registered an FIR againstt the applicant under Sections 376(2)(n) of IPC and Sections 4 and 6 of POCSO Act, 2012. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the alleged commission of offence. He further submits that on 19.11.2025, during the pendency of the aforementioned bail application before the learned trial Court, the prosecutrix voluntarily appeared and categorically recorded her No-Objection to the grant of bial to the present applicant. On 15.11.2025, prosecutrix expressed her age as 19 years thereafter the prosecutrix and her parents turned hostile. The applicant is in jail since 26.08.2025 therefore he may be released on bail. 4. Learned State Counsel raised objection to the contentions of the counsel for the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that the prosecutrix has raised no objection 3 and she along with her parents have turned hostile. The applicant has no criminal antecedents. The age of the applicant is about 26 years and he is in jail since 26.08.2025, further the conclusion of the trial may take some more time, therefore, looking to the entire facts and circumstances of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant- Sachidanand Das Mahant, involved in Crime No. 496/2025 registered at Police Station- Gandhinagar, District- Sarguja (C.G.), for the offence punishable under aforesaid Sections be released on bail on his furnishing a bail 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 them under Section 269 of 4 Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 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 BNSS. If in the opinion of the trial court absence of the applicants 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. 8. 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 Madhurima