1 2025:CGHC:14238 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1447 of 2025 Mahendra Sahu S/o Tukeshwar Sahu Aged About 34 Years R/o Village, Achridih, Police Station- Tumgaon, District- Mahasamund ( C.G. ). ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Tumgaon, District- Mahasamund ( C.G. ). ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Pawan Kesharwani, Advocate For Respondent/State : Ms. Priya Sharma, Panel Lawyer For Objector : Ms. Surya Kawalkar Dangi, Advocate 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 uncle of the victim. Despite service of notice, there is no representation has been made on behalf of the victim or her uncle. 2 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 connection with Crime No.160/2024, registered at Police Station- Tumgaon, District Mahasamund (C.G.) for the offence punishable under Section 137(2), 64(m), 87 of the BNS and Sections 4, 6 of the POCSO Act, 2012. 3. Brief facts of this case are that on 11.10.2024, the Complainant - Kamalnarayan filed a report stating that his niece, daughter of Late Kamlesh Patel, aged about 17 years, 10 months, and 22 days, went missing without informing anyone between 12:00 AM to 3:00 AM on the night of 03.10.2024. Based on the Complaint, an F.I.R. was registered at Police Station Tumgaon, Disrict Mahasamund (C.G.) under section 137 (2) of the BNS and investigation was initiated. During the investigation, the abducted girl was found and Sections 64(m), 87 & 69 of BNS and Sections 4, 6 of the POCSO Act were added to the case. Upon completion of the investigation against the accused, charge sheet was filed in the concerned court. 4. Learned counsel for the applicant contended that the Applicant/Accused is innocent, and the has not committed any act that constitutes the alleged offense. A false case has been registered against him by the Tumgaon Police Station, District-Mahasamund (C.G.) on false grounds. He further contended that the Applicant was unaware of the fact that the victim is 17 years 10 months old and he was misled by the victim that she is 20 years old. Also, the victim herself has stated in the Medico-Legal Examination that, she ran away with the Applicant with her own consent. He further contended that the Medico-Legal Examination report explicitly states that there were no 3 indications of physical violence or coercion inflicted upon the victim. The absence of any physical injuries or signs of assault strongly suggests that the victim's involvement with the Applicant was consensual. This medical evidence undermines the prosecution's allegations of forceful or non- consensual conduct, reinforcing the argument that the victim willingly accompanied the Applicant without any duress or compulsion. Applicant is in jail since 26.10.2024, 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 applicant. 6. I have heard learned counsel for the parties, perused the case diary and other materials available on record. 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 26.10.2024 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.160/2024, registered at Police Station- Tumgaon, District Mahasamund (C.G.) for the offence as mentioned above, be released on bail on his furnishing a personal bond of Rs.10,000/- 4 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 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 5 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