1 2025:CGHC:13996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1361 of 2025 • Uttam Kumar Sori Alias Rohan S/o Dhanesh Kumari Sori Aged About 28 Years R/o Dugli P.S. - Dugli District Dhamtari ... Applicant versus • State Of Chhattisgarh Through Station House Officer Bhakhara Dhamtari District Dhamtari Chhattisgarh ... Non-applicant For Applicant : Mr. Krishna Tandon, Advocate For State : Mr. G.L. Uike, P.L. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 1. The applicant has filed this First bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita for grant of regular bail as he is in custody in connection with Crime No. 185/2024 registered at police station Bhakhara, District – Dhamtari (CG) for the offence punishable under Sections 64 (2)(M), 308 (3), 309 (6), 351 (3), 3(5) of BNS and Section 6 of POCSO Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.25 14:59:39 +0530 2 2. Prosecution case, in brief, is that the prosecutrix aged about 17 years on the date of incident lodged the first information report on 23.10.2024 against the applicant alleging that since 01.08.2022 used to sexual molest her on the pretext of marriage. On the basis of the said report, the police registered the offence against the accused person and he was arrested. 3. Learned counsel for the applicant submit that the applicant has been falsely implicated in the case. He further submits that the prosecutrix is a major girl she is aged about 17 years and medical report of the prosecutrix also does not support the case of the prosecution as there is no sign of sexual assault in the present case. He also submits that there is love affair between the applicant and prosecutrix since more than two years and there is delay of more than two years in lodging the FIR as the allegation leveled by the prosecutrix and applicant is in jail since 25.10.2024 and the trial is likely to take some time and he is ready and willing to comply with any of the conditions which may be imposed upon him and thus, it is submitted that the application be allowed and the applicant be released on bail. 4. Learned counsel for the State opposes the prayer for grant of bail for the applicant. 5. In compliance of the order dated 18.02.2025, victim and her father are appeared through video conferencing from the concerned DLSA and they have have raised serious objection in granting bail to the applicant. 3 6. Heard counsel for the parties and perused the record. 7. On due consideration of the rival submissions and nature of allegation, charge-sheet has already been filed before the concerned Court, looking to the fact that medical report of the prosecutrix and love affair between the prosecutrix and applicant, there is no previous antecedent and that the final disposal of the trial is likely to take sufficiently long time, the present application deserves to be allowed. Accordingly, his bail application is allowed. 8. It is directed that in the event of applicant executing a personal bond for a sum of Rs. 10,000/- with one surety to the satisfaction of the concerned trial court, he shall be released on bail on the following conditions: i) he 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 the 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) he 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 cause, he trial court may proceed against him/her under Section 269 of BNS, 2023. iii) In case, the applicant misuse 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 failed 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. 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 applicants are deliberate or without sufficient cause,t hen 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/- (Arvind Kumar Verma) Judge vaishali