1 2026:CGHC:1230 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 152 of 2026 Kishori Vishwakarma S/o Kapil Vishwakarma Aged About 36 Years R/o Tulsi, Police Station Simga, District Balodabazar-Bhatapara C.G. (Description Of Applicant Is Mentioned As Per Charge Sheet) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Simga, District Balodabazar-Bhatapara C.G. ... Respondent For Applicant : Mr. Aditya Khare, Advocate appears on behalf of Mr. Anil Gulati, Advocate For State/Respondent : Ms. Supriya Upasane, G.A. Hon’ble Shri Justice Arvind Kumar Verma Order on Board 08/01/2026 1. The applicant has preferred this Second Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.425/2025, registered at Police Station Simga, District Balodabazar-Bhatapara C.G. for the offence punishable under Sections 75 and 331(2) of Bhartiya Nyaya Sanhita and Section 8 of POCSO Act. ARPAN SRIVASTAVA Digitally signed by ARPAN SRIVASTAVA Date: 2026.01.24 17:43:08 +0530 2 2. The First Bail Application bearing MCRC No. 8081 of 2025 filed by the applicant which was dismissed as withdrawn vide order dated 13.11.2025 3. The prosecution story in brief, is that, on the basis of a written report lodged by the father of the victim, the police registered an offence. As per the averments contained in the written report, it is alleged that in the month of May-2025, the informant along with his wife had gone to Pune (Maharashtra) for earning their livelihood, leaving their two minor daughters in the care of neighbours. After about a week, the informant received a phone call from the victim informing him that on 27-05-2025 at about 12:30 hours, the applicant entered into the house and, with the intention to outrage her modesty, caught hold of both the minor victims. 4. It was argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case. It is submitted that the mother of the victim, both minor victims, and the father of the victim have been examined before the Trial Court and the applicant further submits that there exists a land dispute between the father of the applicant and the grandmother of the victims, which is pending adjudication before the Tahsil Office. It is also submitted that, in relation to the said dispute, the father of the applicant had lodged a report against the father of the victims, pursuant to which an FIR was registered. In view of the pending civil dispute and the prior FIR, the possibility of false implication of the present applicant cannot be ruled out. The applicant has been in judicial custody since 09-08-2025. Considering that all material witnesses have 3 already been examined, there is no likelihood of the applicant tampering with the evidence or influencing the prosecution witnesses. Given that the conclusion of trial is likely to take considerable time, the prolonged detention of the applicant warrants consideration for grant of bail. 5. On the other hand, learned counsel for the State opposes the bail application of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts of the case, the nature of the allegations, and the submissions advanced by learned counsel for the parties, and further taking into account that the parents of the victim appeared before this Court and have raised no objection to the present appeal, and also in view of the fact that the material prosecution witnesses, including the parents of the victim, have been examined before the Trial Court and have turned hostile and have not supported the prosecution story, coupled with the circumstance that the applicant does not have any previous criminal antecedents, this Court is of the considered view that the applicant is entitled to be released on bail. 8. Let the applicant- Kishori Vishwakarma involved in Crime No.425/2025, registered at Police Station Simga, District Balodabazar- Bhatapara C.G. for the offence punishable under Sections 75 and 331(2) of Bhartiya Nyaya Sanhita and Section 8 of Protection of Children from Sexual Offence Act be released on bail on his furnishing a personal bond with one surety in the like sum to the satisfaction of the Court concerned with the following conditions:- 4 (i) The applicants shall file an undertaking to the effect that they 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 applicants 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023 (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of Bhartiya Nyaya Sanhita, 2023. (iv) The applicants 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 BNSS. If in the opinion of the trial court absence of the applicants is deliberate 5 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 them in accordance with law. 9. However, this Court hopes and trusts that the if the charge sheet is submitted against the applicant, the Trial Court shall make an earnest endeavour to conclude the trial expeditiously, if there is no any legal impediment. 10. 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 . Arpan