1 2025:CGHC:60532 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9662 of 2025 1 - Akhil Sidar Urf Ghanshyam Sidar S/o Hari Singh Sidar Aged About 21 Years R/o Dongipendri Thana - Balauda, District - Janjgir - Champa (C.G.) 2 - Dharmendra Singh Maravi S/o Bhuwan Bhaskar Maravi Aged About 23 Years R/o Dongipendri Thana - Balauda, District - Janjgir - Champa (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House OfÏcer Kotra Road, Raigarh, District - Raigarh (C.G.) ---- Non-Applicant For Applicant : Mr. Harsh Tripathi, Advocate For-Non-applicant : Ms. Priya Sharma, P.L. Hon’ble Shri Arvind Kumar Verma, Judge Order on Board 12.12.2025 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. 401/2025 registered at Police Station Kotra Road, Raigarh District Raigarh (C.G.), for the offence punishable under Section 137(2) and 87, of BNS and Section12 of POCSO Act. 2. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. 2 Kaushaki Kumari, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 3. After going through the documents, Ms. Kaushaki Kumari, Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 4. The allegation against the present applicant as per the prosecution case is that, the present applicant No.1 knowing the fact that the prosecutrix was a minor, he is said to have taken the prosecutrix to somewhere by saying that he would marry her. Subsequently, an F.I.R. in this regard was lodged and the present applicant have been arrested. 5. It has been argued by the learned counsel for the applicant that the applicant No. 2 namely Dharmendra Singh Maravi has not been named in FIR, however he has been charge sheeted for the offence. The prosecutrix along with her father and mother and her friend hasvealready examine before the learned trial Court and they have turned hostile and not supported the case of the prosecution, vide covering memo dated 11.12.2025. It is further submitted that the applicants are in jail, hence they pray that the applicants be enlarged on bail. 6. Learned Panel Lawyer, appearing for the State opposed the prayer for bail. 3 7. I have heard learned counsel for the parties and perused the case diary. 8. After hearing the submissions advanced by learned counsel for the parties particularly taking note of the statement of the prosecutrix, her father, her mother and her friend who have turned hostile before the trial Court and they have not said anything against the applicants and also considering the fact that she voluntarily accompanied with the applicant, the trial is likely to take sometime for its conclusion and the applicants are in jail, this Court is of the view that the applicants are entitled to be released on bail in this case. 9. Let the applicants be released on bail on their furnishing a personal bond of Rs. 10,000/- with one surety each of the applicants 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 4 (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. 10. 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