1 2025:CGHC:10901 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1276 of 2025 1 - Shravan Kumar Yadav (Wrongly Mentioned As Sharavan In The Order Sheet) S/o Chhedi Prasad Yadav (Wrongly Mentioned As Chedi In The Order Sheet) Aged About 39 Years R/o F-38 River View Colony, (Wrongly Mentioned As Rever In The Order Sheet) Koni, Thana Koni, District Bilaspur (C.G.) ... Applicant(s) versus 1 - State Of Chhattisgarh Through- Station House Officer, Police Station-Koni, District- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Manish Upadhyay, Advocate For Respondent(s) : Mr. G. L. Uikey, Panel Lawer (Hon’ble Shri Justice Arvind Kumar Verma) Order on Board 05.03.2025 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 01.12.2024 in connection with Crime No.515/2024, registered at Police Station - Koni, District Bilaspur (C.G.) for the offence punishable under Sections 74 & 351(2) of ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Bhartiya Nayay Sanhita, 2023 and Section 8 of Protection Of Children from Sexual Offences Act, 2012. 2. The case of the prosecution in brief is that the the applicant is a teacher and he used to teach tuition at his residential house where he lives with his family. Prosecutrix and one Sheljanidhi with others came to the house of applicant to take tuitions for last two years. Applicant used to teach physics and mathematics subjects in tuition and the prosecutrix and Sheljanidhi have not given tuition fee of 4-5 months to the applicant due to which applicant had warned the prosecutrix and her friend Sheljanidhi that he will called their parents. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the instant case. The applicant was appointed as teacher by order dated 28.02.2022, but there is no stigma on him until this instant case. He further stated that there are contradictions and omissions in the statements of one Ms. Sheljanidhi and prosecutrix, the false case has been made against the applicant. Learned counsel for the applicant submits that in statement of prosecutrix (PW-01) recorded under Section 164 of CrPC, she clearly stated that she used to go to the accused for tuition for almost a year, but the accused did not behave badly with her. Learned counsel appearing for the applicant goes on to submit that in statement of father of prosecutrix (PW-02) it is plainly recorded that a boy from the same tuition called her father and told him that the teacher/accused was misbehaving with the victim then immediately he went to police station and lodged a complaint against the accused but after returning home when he asked the victim about the incident she stated that no such incident has happened to her. He would lastly contend that there 3 is no previous antecedent against the applicant and the applicant is in jail since 01.12.2024 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 application and submits that the prosecutrix/victim is aged about 14 years and allegations against the applicant is serious in nature, he may tamper the evidence after released on bail. Therefore, he is not entitled for grant of bail. 5. In compliance of the order dated 14.02.2025, father of prosecutrix appeared before this Court personally and stated that he is having no objection to the bail application of the present applicant and further submits that applicant may be released on bail. 6. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 7. Taking into consideration the facts and circumstances of the case and particularly considering the the statement of the prosecutrix wherein she has stated her age to be 14 years at the time of incident and in her statement recorded under Section 164 of CrPC she clearly stated that she used to go to the accused for tuition for almost a year, but the accused did not behave badly with her. It is also apparent to the statement of father of prosecutrix (PW-02) a boy from the same tuition called him and told him that the teacher/accused was misbehaving with the victim then immediately he went to police station and lodged a complaint against the accused but after returning home when he asked the victim about the incident she stated that no such incident has happened to her. He is having no criminal antecedent. Further considering the fact that the applicant is in jail since 01.12.2024 and 4 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 – Shravan Kumar Yadav involved in Crime No.515/2024, registered at Police Station - Koni, District Bilaspur (C.G.) for the offence punishable under Sections 74 & 351(2) of Bhartiya Nayay Sanhita, 2023 and Section 8 of Protection Of Children from Sexual Offences Act, 2012, be released on bail on his 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 counsel. In case of his absence, without sufficient 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 presence, proclamation under Section 84 of the 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/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 5 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 him 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/- (Arvind Kumar Verma) Judge Saxena