1 2026:CGHC:5747 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 444 of 2026 Atul Yadav S/o Ganeshram Yadav Aged About 20 Years R/o Village Khod, P.S.- Akaltara, Distt.- Janjgir Champa, Chhattisgarh ... Applicant Versus State Of Chhattisgarh Through P.S.- Akaltara Distt.- Janjgir Champa, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Vivek Kumar Yadav, Advocate For Respondent(s) : Mr. Jitendra Shrivastava, P.L. HON’BLE SHRI JUSTICE ARVIND KUMAR VERMA Order on Board 02/02/2026 1. The applicant has preferred this First bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita Act 2023 for grant of regular bail as he is arrested in connection with crime No. 585/2025, registered at Police Station – Akaltara, District- Janjgir-Champa (C.G.) for offence punishable under Sections 333, 324 (2), 74, 296, 115 (2), 3 (5) of 2 BNSS, 2023 and Section 8 of POCSO Act. 2. The case of the prosecution in brief is that on 08/11/2025 at about 13.20 O’Clock when the victim was alone in her house at that time the applicant along with co-accused Sanju Bareth entered into her house and tried to outrage her modesty and on being objected by the victim the applicant assaulted her and when the parents of the victim reached there the applicant ran away. Thereafter, the report was lodged and the present applicant was arrested. 3. Learned counsel for the applicant would submit that it is a case of love relation between the co-accused Sanju Bareth and the prosecutrix. He would next contend that the family members of the victim were against the said relationship they lodged the false report. He would next contend that the mother of the victim had seen the co-accused Sanju Bareth talking with the victim and thereafter she had beaten the victim. He further submits that the co-accused Sanju Bareth has already been granted bail vide order dated 19.12.2025 passed in MCRC No. 9840 of 2025 and the age of the prosecutrix is 17 years & 04 months and she was on the border line and the age of the applicant is 20 years and he is in jail since 10/11/2025, therefore, he may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The complainant appeared through Video Conferencing along with her parents and has recorded no objection with regard to grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of molestation and the age of the victim is 17 years and 5 months and the applicant is 3 20 years of age. Considering the same more particularly the age of the victim and further considering the fact that the co-accused Sanju Bareth has already been granted bail vide order dated 19.12.2025 passed in MCRC No. 9840 of 2025 and the applicant is in jail since 10/11/2025, therefore, I am inclined to release the applicant on bail. 8. Let applicant Atul Yadav, involved in Crime No. 585/2025, under Sections 333, 324 (2), 74, 296, 115 (2), 3 (5) of Bhartiya Nyaya Sanhita, 2023 and Section 8 of the Protection of Children from Sexual Offences Act, 2012, police station Akaltara, District Janjgir-Champa, C.G., be released on bail on his furnishing a personal bond with one surety in like amount 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 their 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 applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of 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 Bhartiya Nyay Sanhita, 2023. 4 (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 them in accordance with law. (v) that, the applicant shall never come/enter in the house of the victim and shall not extend any kind of threat to the victim and her family members 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Arvind Kumar Verma) JUDGE Saurabh