1 2025:CGHC:13999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1387 of 2025 • Kunj Lal @ Kunj Bihari Sahu S/o Girdhari Sahu Aged About 31 Years R/o Village Sankara, District- Dhamtari ( C.G. ). ... Applicant versus • State Of Chhattisgarh Through- The Station House Officer, Police of Police Station Sihawa, District- Dhamtari ( C.G. ). ... Non-applicant For Applicant : Mr. Anil Kumar Gulati, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, 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. 131/2024 registered at police station Sihawa, District – Dhamtari (CG) for the offence punishable under Sections 64 & 351 (2)(3) of BNS and Section 3 and 6 of POCSO Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.03.25 15:03:42 +0530 2 2. Prosecution case, in brief, is that on 09-11-2024, the victim who was working in the Petrol Pump was discharging her duty and after eating the meals, when she was going towards the room, at that time, the applicant came there and asked her about the guest who came in the house and soon thereafter the applicant called the victim and asked her to show the room situated under the ground floor and thereafter the applicant caught hold the hand and gagged the mouth of victim and established physical relationship with the victim. 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. She further submits that the MLC of victim was conducted on 30.11.2024 and as per the MLC there is no sign of external injury was presented over the body and there is sign of use of force suggestive of sexual act and the incident alleged to be taken place on 29.112024 and applicant is in jail since 01.12.2024 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. 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 3 concerned DLSA and they have no objection in granting bail to the applicant. 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, submission made by victim and her father through video conferencing and there is no previous antecedent and considering the fact that MLC of the victim is not supported the case of prosecution 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 4 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 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