1 2025:CGHC:10141 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1136 of 2025 1 - Gulshan Banjare S/o Taran Das Banjare Aged About 22 Years R/o Ward No.01, Chhachhanpahari, Police Station Tilda-Nevra, District Raipur (C.G.) (Description Of Applicant Is Mentioned As Per Charge Sheet) ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police of Police Station Tilda- Nevra, District Raipur (C.G.) ... Respondent For Applicant : Mr. Anil Kumar Gulati, Advocate For State /Respondent : Ms. Priya Sharma, PL Hon'ble Shri Justice Arvind Kumar Verma Order on Board 28/02/2025 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 08/08/2024 in connection with Crime No.388/2024, registered at Police Station- Tilda Nevra, District Raipur (C.G.) for the offence punishable under Sections 65 (1), 64 (2) (M) of B.N.S. and Sections 4 (2), 5 (B) & 6 of the Protection of Children from Sexual Offences Act. ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.03.03 14:01:35 +0530 2 2. Case of the prosecution in brief is that the victim lodged an FIR on 07/08/2024 in the police station Tilda-Nevra alleging that the applicant knowing full well that the victim is a minor used to call her on her mobile and on 15/07/2024 he called the victim to his house and where established physical relationship with her and thereafter continuously established the physical relationship. Thereafter, on the basis of the report lodged by the victim, the applicant has been arrested. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated and they were having affair. He would next contend that the victim and the father of the victim raised no objection with respect to grant of bail to the applicant before the trial Court. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 08/08/2024 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail applications submitted by the applicant. 5. Prosecutrix along with her father appeared before the Court from DLSA, Raipur through video conferencing and recorded their no objection with regard to grant of bail to the applicant. 3 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Perusal of the statement of the prosecutrix would show that she has not supported the case of the prosecution and has not stated anything against the applicant. Considering the same and also taking into consideration the there is no previous antecedent against the applicant, charge-sheet has been filed, the applicant is in jail since 08/08/2024 and 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. 8. Let the applicant involved in Crime No.388/2024, registered at Police Station- Tilda Nevra, District Raipur (C.G.) for the offences as mentioned above, be released on bail on his/her 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/she 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/her counsel. In case of his absence, without sufficient 4 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/her presence, proclamation under Section 84 of the BNSS, 2023 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 him/her, 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 are 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/her 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/- SD/- (Arvind Kumar Verma) Judge Ashu