1 2026:CGHC:508 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10153 of 2025 Suraj Das Mahant S/o Samaru Das Mahant Aged About 19 Years R/o Village Gaare, Police Station And Tehsil Tamnar, District Raigarh C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Lailunga, District Raigarh C.G. ... Respondent For Applicant : Mr. Pawan Kesharwani, Advocate For Respondent-State : Mr. Vinay Pandey, Deputy Advocate General Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05.01.2026 1. Applicant has filed this fourth bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 227/2023 registered at Police Station – Lailunga (C.G.) for offence punishable under Section 366,376(2)(n) of IPC and Section 6 & 8 of POCSO and Section 3(2)(v) of SC/ST Act. First bail application of the present applicant was withdrawn vide order dated 02.02.2024 in MCRC No. 439 of 2024. Second bail application of the applicant was dismissed on merits vide order dated 04.07.2024 in MCRC No. 4333 of 2024, thereafter third bail application was filed on 02.01.2025 which was also dismissed on merits ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.05 18:09:32 +0530 2 vide order dated 02.01.2025 considering the order of dismissal on merits. 2. Case of prosecution in brief is that, complainant lodged a report in concerned police station to the effect that on 05.07.2023 applicant took the minor victim towards Chimtapaani forest and established physical relation with her on the pretext of marriage. Thereafter, on 01.08.2023 applicant took the victim to Raigarh on motorcycle and there he confined her in his house. Based on said report, aforementioned crime was registered and during investigation, victim was recovered from the house of applicant. Applicant was arrested on 08.12.2023. 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that victim was examined before the Trial Court on 08.04.2024 and in her deposition she stated that she is making her statement as per the directions given by her uncle ( elder brother of her father). He also submits in paragraph no. 16 of her deposition that she stated applicant has not made any relation with her and therefore, she had not intimated the fact to anyone. He lastly submits that the applicant is in jail since 08.12.2023 and thereby he has completed more than two years of period of detention. Till October, 2025 13 witnesses have been examined out of total 27 witnesses, hence the trail would take a considerable amount of time to conclude therefore, applicant be enlarged on bail. 4. On the other hand, learned counsel for State raises an objection and would submit that the argument raised by learned counsel for applicant is a subject matter of appreciation by the learned trial Court. However 3 on asking he submits that there are no previous criminal antecedents of the applicant. 5. Pursuant to notice issued vide order dated 10.12.2025 by this Court, victim appeared before this Court through virtual mode from DLSA Raigarh and raised objection in grant of bail to applicant. 6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 7. Taking into consideration the facts and circumstances of the case, nature of allegation, submission of learned counsel for the respective parties, and further considering the period of pre-trial detention of more than two years, without commenting on the merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 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 him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (c) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. 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 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/- (Parth Prateem Sahu) alfiza JUDGE