1 2025:CGHC:13995 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1355 of 2025 • Lalit Koshle S/o Govind Ram Koshle Aged About 19 Years R/o Khairjhithi, P.S. Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. (Surname Wrongly Mentioned As Kosle In Ordersheet) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, P.S. Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh. ... Non-applicant For Applicant : Ms. Ruchi Nagar, Advocate For State : Ms. Laxmin Kashyap, P.L Hon’ble Shri Justice Arvind Kumar Verma Order on Board 24/03/2025 1. Applicant has filed this First bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 329 of 2024 registered at Police Station – Bilaigarh, District – Sarangarh-Bilaigarh, Chhattisgarh VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.25 14:56:37 +0530 2 for the offences punishable under Sections 64(2)-(e) of BNS, 2023 and 5(1) r/w 6 of the POCSO Act (As per charge framed by the learned trial Court). 2. Case of the prosecution, in brief, is that on 29.11.2024, a complaint was made by the father of the minor prosecutrix that he along with her wife had gone to Hyderabad for working as daily wager and when they return to home after sometime their minor daughter informed them that applicant has sexually exploiting her on pretext of marriage on the said report aforesaid offence against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. She further submits that there is an unexplained delay in lodging the FIR and medical report of the prosecutrix does not support the case of prosecution. She further submits that there is no legal admissible evidence proving age of the prosecutrix and she has narrated altogether different story in both the statements recorded under Section 180 and 183 of BNSS, 2023. She further submits that he is in jail since 30.11.2024, therefore, there is no offence is made out against the applicant, hence, he may be enlarged on bail. 4. Notice issued to the victim has duly been served, however, no one appeared on behalf of the victim. In such circumstances, Ms. Itu Rani Mukharjee, Advocate, who is present in the Court is appointed as amicus curiae to assist the Court on behalf of the victim. 3 5. After going through the documents, Ms. Itu Rani Mukharjee Advocate, appointed as amicus curiae, opposes the prayer for grant of bail for the applicant. 6. I have heard learned counsel for the parties. 7. Taking into consideration facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties and further considering the fact that prosecutrix and applicant had love affair and applicant is in jail since 30.11.2024 and charge-sheet has already been filed without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 8. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. b) 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. c) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued 4 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. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Arvind Kumar Verma) JUDGE vaishali