Chandrasen Chouhan Vs State of Chhattisgarh

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2025:CGHC:10245

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCRC No. 268 of 2025

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ABHIGYA SAXENA

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Digitally signed byABHIGYA SAXENA

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1 - Chandrasen Chouhan S/o Sakharam Chouhan Aged About 23 Years R/o Village Chhirraleva, Police Station Saraipali, District Mahasamund (C.G.) (Description Of Applicant Is As Per The Charge Sheet)

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... Applicant(s)

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versus

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1 - State Of Chhattisgarh Through The Station House Officer, Police Station Saraipali, District Mahasamund (C.G.)

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... Respondent(s)

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For Applicant(s) : Mr. Chandra Kumar, Advocate For Respondent(s) : Ms. Priya Sharma, Panel Lawyer

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(Hon’ble Shri Justice Arvind Kumar Verma) Order on Board

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03.03.2025

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This is the First Bail Application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 03.02.2022 in connection with Crime No.35/2022, registered at Police Station -Saraipali, District Mahasamund (C.G.) for the offence punishable under Sections 363, 366 and 376(3) of Indian Penal Code and Sections 4 & 6 of Protection Of Children from Sexual Offences Act.

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The case of the prosecution in brief is that the father of prosecutrix has lodged a report against the accused for luring the prosecutrix and kidnapping her by promise of marriage, on the basis of which a crime was registered against the applicant for the offence under Section 363 of IPC and during the investigation, the prosecutrix has been recovered from the possession of applicant, therefore the offences as mentioned above has been added.

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Learned counsel for the applicant submits that the prosecutrix along with father have appeared before the trial Court and have made no objection in granting of bail to the present applicant. He further submits that there are total 16 witnesses out of which only 06 witnesses have been examined, therefore, the trial may take some more time. He would lastly contend that there is no previous antecedent against the applicant, charge-sheet has been filed, applicant is in jail since 03.02.2022 and trial is likely to take some time, therefore, it is prayed that the applicant may be released on bail.

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Learned counsel for the State stated that the notice to the victim and her father have already been served through E-mail, the same has been received by them.

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Per contra, learned counsel appearing on behalf of the State opposes the bail application and submits that the prosecutrix/victim is aged about 15 years and allegations against the applicant is serious in nature, He may tamper the evidence after released on bail. Therefore, he is not entitled for grant of bail.

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Vide order dated 13.01.2025, notice issued to the victim has been duly served, however, no one appeared on behalf of the victim. In such circumstances, Mr. R. S. Patel, Advocate, who is present in the Court is

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appointed as amicus curiae to assist the Court on behalf of the victim.

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After going through the documents available on record, Mr. Patel, opposes the prayer and submissions made by learned counsel for the applicant for grant of bail.

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I have heard learned counsel for both the parties, perused the case diary and other materials available on record.

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Taking into consideration the facts and circumstances of the case and particularly considering the the statement of the prosecutrix wherein she has stated her age to be 15 years at the time of incident. The present applicant and victim have affair between them. This Court also found that on 11.12.2024 the victim and the mother of the victim before the trial Court raises no objection for grant of benefit of bail to the present applicant, the father of the victim also contended that is it the first offence of accused so he may be released on bail. Further considering the fact that the applicant is in jail since 03.02.2022 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.

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Let the applicant – Chandrasen Chouhan involved in Crime No.35/2022, registered at Police Station- Saraipali, District Mahasamund (C.G.) for the offences 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 :

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(i) The applicant shall file an undertaking to the effect that he/she 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

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trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(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.

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(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/her, in accordance with law, under Section 209 of BNS, 2023.

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(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.

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11. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith.

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Sd/-

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(Arvind Kumar Verma)

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Judge

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Saxena

Chandrasen Chouhan v. State of Chhattisgarh

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Chandrasen Chouhan v. State of Chhattisgarh

Case brief

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