1 2025:CGHC:14236 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1403 of 2025 Ram Singh S/o Ghursay Aged About 19 Years R/o Village Dahimar, Police Station Udaipur, District Surguja (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Udaipur, District Surguja (C.G.). ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Anurag Singh, Advocate For Respondent/State : Mr. G.L. Uike, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/03/2025 1. Learned State counsel contended that notice issued to the victim is duly served upon the victim and her grandfather. Despite that there is no representation has been made on behalf of the victim or her grandfather. 2. This is first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicant who has been arrested on 30.07.2024 in 2 connection with Crime No.173/2024, registered at Police Station- Udaipur, District Surguja (C.G.) for the offence punishable under Section 64(2)(m) of the BNS and Sections 4, 6 of the POCSO Act, 2012. 3. Brief facts of this case are that FIR was lodged against the present applicant on the allegation that on 25.07.2024, the prosecutrix along with her friend went to forest for grazing cattle and subsequently, the applicant along with his friend came suddenly in forest and took the prosecutrix to some other place and committed sexual intercourse on the pretext of marriage. On the basis of which matter was reported before the concerned police station and after the completion of the investigation, charge sheet has been filed before the concerned Court. 4. Learned counsel for the applicant contended that the present applicant is innocent person and the has been falsely been implicated in the present case. He further contended that statement of the prosecutrix and relevant witnesses have been examined and they have not supported the case of prosecution. The prosecutrix was aged about 18 years at the time of incident and she went with the applicant on her own consent. Applicant is in jail since 30.07.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 5. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants. 6. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 3 7. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicant in this case. Further considering that charge-sheet has been filed, the prosecution has not shown that the applicant is trying to tamper the witnesses, applicant is in jail since 30.07.2024 and 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 in this case. 8. Let the applicant involved in Crime No.173/2024, registered at Police Station- Udaipur, District Surguja (C.G.) for the offence as mentioned above, 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 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 4 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, 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 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 Vasant