1 2025:CGHC:12055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1269 of 2025 Sunil Kujur S/o Kamal Sai Kujur Aged About 19 Years Caste Uranw R/o Village Lodhima Sundarpur Police Station Manipur District- Surguja ( C.G. ). ... Applicant versus State Of Chhattisgarh Through- Police Station Darima District- Surguja ( C.G. ). ... Respondent For Applicant : Shri Rohitashva Singh, Advocate For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.11 19:03:09 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No. 68/2024 registered at Police Station Darima, District Surguja (C.G.) for the offence punishable under Sections 363, 366, 342, 376 of the Indian Penal Code & Section 04 of POCSO Act, 2012. 2. Case of the prosecution, in brief, is that complainant (Father of the prosecutrix) made a written complaint to the police of Police Station Darima, District Surguja that applicant along with his parents took minor prosecutrix in their house and applicant established physical relationship with the prosecutrix and parents of applicant provided shelter to them as per the said report lodged by the father of the prosecutrix crime was registered against the applicant and applicant's parents. . Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. He would submit that prosecutrix was a consenting party and she voluntarily accompanied with the applicant. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 5. Complainant appeared through video conferencing from DLSA Surguja and did not object to grant of bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 3 7. Taking into consideration the facts and circumstances of the case, also for the fact that prosecutrix was a consenting party and she voluntarily accompanied with the applicant, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Let the Applicant-Sunil Kujur, involved in Crime No. 68/2024 registered at Police Station Darima, District Surguja (C.G.) for the offence punishable under Sections 363, 366, 342, 376 of the Indian Penal Code & Section 04 of POCSO Act, 2012, 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 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 4 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. 9. 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