1 / 4 2025:CGHC:7875 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 833 of 2025 1 - Ramkrishna Chandrakar S/o Late Ram Singh Chandrakar Aged About 56 Years R/o Quarter No. 02/C Road-27, Sector-05, Bhilai, PS Bhilainagar, District - Durg (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Police Station Bhilai-Bhatti, District - Durg (C.G.) ...Respondent For Applicant : Mr. Priyank Rathi, Advocate For State : Mr. Karan Bahrani, 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 03/12/2024 in connection with Crime No. 143/2024, registered at Police Station Bhilai-Bhatti, District Durg, C.G. for the offence punishable under Sections 74 of BNS, Sections 8, 9 (f), 9 (m) of POCSO Act and Sections 3 (1) w (i) (ii) and 3 (2) V (a) of the ST/SC Prevention of Atrocities Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.02.17 17:22:22 +0530 2 / 4 2. The case of the prosecution in brief is that on 03/12/2024 the mother of the prosecutrix lodged a written complaint alleging that her daughter, who is aged about 10 years old, on 30/11/2024 after returning from the school started crying, on being asked, she revealed that the present applicant called her in class room and asked her to sit on his lap and started touching her waist, neck and chest, to which she resisted. Thereafter, on the said complaint, the present applicant has been arrested. 3. Learned counsel for the applicant would submit that the applicant has been falsely implicated in this case and he has not committed any offence as alleged against him. He would next contend that the offence under the ST/SC Act does not attract against the present applicant as the victim does not belong to the scheduled caste and scheduled tribe community. He would next contend that there is delay of 03 days in lodging the FIR. He would lastly contend that the applicant is in jail since 03/12/2024, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The prosecutrix along with her mother appeared through video conferencing from DLSA, Durg before this Court and she recorded her 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. The mother of the prosecutrix recorded her no objection with regard to grant of bail to the applicant and she stated that no incident took place it is only because some dispute took place amongst the children, the report was lodged. Considering the same and further taking into consideration 3 / 4 the fact that the applicant is in jail since 03/12/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail. 8. Let applicant Ramkrishna Chandrakar, involved in Crime No.143/2024, under Sections 74 of BNS, Sections 8, 9 (f), 9 (m) of POCSO Act and Sections 3 (1) w (i) (ii) and 3 (2) V (a) of the ST/SC Prevention of Atrocities Act, police station Bhilai-Bhatti, 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 4 / 4 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 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