1 - Hem Sagar S/o Lekh Ram Aged About 20 Years, 2 - Lekh v. State Of Chhattisgarh Through The Station House Officer, Police Station Hasaud, District Sakti Chhattisgarh
Case Details
1 2025:CGHC:13437 NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 1208 of 2025 1 - Hem Sagar S/o Lekh Ram Aged About 20 Years, 2 - Lekh Ram S/o Sant Ram Aged About 51 Years, 3 - Yogendra Prasad S/o Sant Ram Aged About 41 Years, 4 - Narendra Kumar S/o Sant Ram Aged About 39 Years all are R/o Village Pendri, Tahsil And P.S. Hasaud, District Sakti Chhattisgarh (Details Of Applicants Has Not Mentioned In The Order Impugned, Herein Mentioned As Per Charge Sheet) ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station Hasaud, District Sakti Chhattisgarh (Cause title is taken from the CIS) ---- Respondent For Applicants
Legal Reasoning
: Mr. Ishwar Jaiswal, Advocate For Respondent/State : Mr. Topilal Bareth, Panel Lawyer For Objector : Ms. Soniya Sahu, Advocate VASANT KUMAR Digitally signed by VASANT KUMAR Date: 2025.03.20 17:05:19 +0530 20/03/2025 Hon'ble Shri Justice Arvind Kumar Verma Order on Board 2 1. This is first bail application filed under Section 483 of the BNSS, 2023 for grant of regular bail to the applicants who have been arrested on 23.12.2024 in connection with Crime No.159/2024, registered at Police Station- Hasaud, District Sakti (C.G.) for the offence punishable under Sections 74, 75, 333, 115(2) read with Section 3(5) of the BNS and Section 8 of the POCSO Act, 2012. 2. Brief facts of this case are that the complainant made written complaint with the allegation that on 04-12-2024, the applicants were entered into the house of complainant and trying to outrage the modesty of the prosecutrix and when she trying to stop them, the applicants assaulted the prosecutrix by hand, fist and belt and thereby the applicant committed the offences and on the basis of written complaint, the FIR has been registered against the applicants for the offences under Section 74, 75, 333, 115 (2) read with Section 3 (5) of Bhartiya Nyay Sanhita and Section 8 of Protection of Children from Sexual Offences Act and after the completion of the investigation, charge sheet has been filed before the concerned Court. 3. Learned counsel for the applicants contended that the present applicants are innocent person and the have been falsely been implicated in the present case. The grandmother and uncle of the prosecutrix have executed an affidavit in which they have mentioned that they have not aware about the incident and they have also stated that only some hot-talk between the proecutrix's family members and the applicants, but the police has registered the crime against the applicant under the POCSO Act, which is not 3 committed by them. He further contended that another joint affidavit by the prosecutrix's family members have also been produced before the court below while hearing the bail application, in which no objection has been pleased by the family members of the prosecutrix. It is further contended that looking to the contents of the affidavit filed by the family members of prosecutrix shows that the grandmother of prosecutrix who is complainant stated that she is uneducated lady and therefore she is not aware about the allegation made by the prosecution against the applicant, as she has lodged the report only with regard to hot-talk between the applicants and complainant. The injured person has refused for MLC, which is very clear from the charge sheet, hence no any offence is made out against the applicants. Applicants are in jail since 23.12.2024, charge sheet has been filed, conclusion of trial may take some time, hence, they may be released on bail. 4. Per contra, learned counsel appearing on behalf of the State opposes the bail application submitted by the applicants. 5. I have heard learned counsel for both the parties, perused the case diary and other materials available on record. 6. Taking into consideration the facts and circumstances of the case and particular considering the involvement of the present applicants in this case. Further considering that before the court below while hearing the bail application, in which no objection has been raised by the family members of the prosecutrix. Charge-sheets has been filed, the prosecution has not shown 4 that the applicant is trying to tamper the witnesses, applicant are in jail since 23.12.2024 and conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicant involved in Crime No.159/2024, registered at Police Station- Hasaud, District Sakti (C.G.) for the offences as mentioned above, be released on bail on their furnishing a personal bond of Rs.10,000/- with one surety (each applicant) in the like sum to the satisfaction of the Court concerned with the following conditions : (i) The applicants 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 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 him under Section 269 of BNS, 2023. (iii) In case, the applicants 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, 5 then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of BNS, 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 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. 8. 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