1 2025:CGHC:12054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1322 of 2025 Kush Kumar Soni S/o Rajkumar Soni Aged About 20 Years R/o Ward No. 8, Pandariya, P.S. Pandariya District - Kabirdham (C.G.). ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Pandariya, District - Kabirdham (C.G.). ... Respondent For Applicant : Shri Aman Tamboli, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 1. During the course of the argument it has been pointed out that in the bail application offence under Section 306 of IPC has wrongly been mentioned whereas it should be offence under Sections 354, 354(d) of Indian Penal Code and Section 8 of POCSO Act. 2. Learned counsel for the applicant is permitted to make necessary GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.12 17:34:17 +0530 2 amendment during the course of the day. 3. Learned State counsel submitted that complainant has been noticed about the pendency of the present bail application and when the matter is taken up for hearing neither the complainant nor their counsel is present to contest the matter. 4. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.283/2024 registered at Police Station District Kavardha (Kabirdham) (C.G.) for the offence punishable under Sections 354 , 354(d) of Indian Penal Code and Section 8 of POCSO Act. 5. Case of the prosecution, in brief, is that on 14.07.2024 the complainant lodged a report against the applicant and other juveniles in the P.S. Pandariya to the effect that her daughter was upset for some days. When they asked her what happened, why she was sad, the victim told that for about 6 months, the applicant and other two juveniles found her alone at about 6.00 pm near Rajmahal chowk, Pandariya while returning from tuition and teased her and one juvenile said that if she does not love him, then he will make viral the video and photo sent by the other juvenile and used to threaten her by saying this. On the basis of this FIR have been registered no. 283/2024 at P.S. Pandariya, Kabirdham for alleged offence punishable under section 354, 354 3 (d) of Indian Penal Code and Section 8 of POCSO Act. 6. Learned counsel for the applicant submits that applicant is innocent and falsely implicated in the case. He would submit that the FIR has been lodged against the applicant by the complainant after two years of the incident. Therefore, he prays for grant of bail to the applicant. 7. On the other hand, learned State Counsel opposes the prayer for grant of bail. 8. I have heard learned counsel appearing for the parties and perused the case diary. 9. Taking into consideration the facts and circumstances of the case, gravity of offence and also the fact that the FIR has been lodged against the applicant by the complainant after two years of the incident, this Court is of the view that the applicant is entitled to be released on bail in this case. 10. Let the Applicant-Kush Kumar Soni, involved in Crime No.283/2024 registered at Police Station District Kavardha (Kabirdham) (C.G.) for the offence punishable under Sections 354, 354(d) of Indian Penal Code and Section 8 of POCSO, be released on bail on his furnishing a personal bond with two sureties 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 4 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 him under Section 269 of Bharatiya Nyaya Sanhita. (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. 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 the Bharatiya Nyaya Sanhita. (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. 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 him in accordance with law. 5 11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri