1 2025:CGHC:14237 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1412 of 2025 Sunny Ahirwar @ Bauaa S/o Vijay Ahirwar Aged About 19 Years R/o Shyam Nagar Lingiyadih Near Apollo Hospital P.S. Sarkanda District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Sarkanda District - Bilaspur (C.G.) ---- Respondent (Cause title is taken from the CIS) For Applicant : Mr. Pravin Kumar Tulsyan, Advocate For Respondent/State : Ms. Laxmeen Kashyap, Panel Lawyer Hon'ble Shri Justice Arvind Kumar Verma Order on Board 25/03/2025 1. In compliance of Court’s order dated 19.02.2025, father of the victim is appeared before this Court. On being asked, he has no objection to release the applicant on bail. 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.1451/2024, registered at Police Station- Sarkanda, District Bilaspur (C.G.) for the offence punishable under Sections 137(2), 65 of BNS and Section 4 of the POCSO Act, 2012. 3. Brief facts of this case are that FIR was lodged against the present applicant by the father of the victim alleging that the applicant has committed forceful sexual intercourse with the victim. On such complaint, police has registered the FIR against the applicant 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 the FIR has been lodged after a long delay without any satisfactory reason. He further contended that the prosecution has failed to collect any clinching nature of evidence to prove that on the date of incident, the victim was minor. Applicant is in jail since 11.12.2024, 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 the prosecutrix herself admitted in her statement that she was in love affair with the applicant. Charge-sheet has been filed, the prosecution has not shown that the applicant is trying to tamper the witnesses, applicant is in jail since 11.12.2024 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.1451/2024, registered at Police Station- Sarkanda, District Bilaspur (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. 4 (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 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