Sakhir Alam @ Sakir Vs State of Chhattisgarh

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 12/08/2024 in connection with Crime No. 535/2024, registered at Police Station Ambikapur, District Surguja, C.G. for the offence punishable under Sections 64(2) of BNS, Sections 04 & 06 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (1) (w-ii) of the S.C./S.T. Act, 1989.

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The case of the prosecution in brief is that the complainant/victim lodged a report at police station Ambikapur on 10/08/2024 alleging that the

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Digitally signed byASHUTOSH ASHUTOSH MISHRA MISHRA Date: 2025.02.25 16:36:11 +0530

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applicant who is working in Nal Jal Yojna has taken her mobile number and used to talk with her and thereafter proposed her for marriage and asked her to come at Ambikapur. On 01/04/2024 the prosecutrix went to Ambikapur and started residing with her where the applicant committed forceful sexual intercourse with her on the pretext of marriage. Thereafter, he refused to perform marriage. Thereafter, on the basis of the report lodged by the prosecutrix, the present applicant was arrested.

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Learned counsel for the applicant would submit that the applicant has been falsely implicated in the present case. He would next contend that the prosecutrix was herself in the company of the applicant and she on a trivial dispute left the house of the applicant. He would next contend that the prosecutrix was in company of applicant for about 05 months and during the said period she did not raise any objection or made any complaint. He would lastly contend that the applicant is in jail since 12/08/2024, therefore, he may be enlarged on bail.

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Per contra, learned State counsel opposes the prayer for grant of bail.

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The father-in-law of the prosecutrix appeared through DLSA, Surguja and recorded his no objection with regard to grant of bail to the applicant.

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I have heard learned counsel for the parties and perused the documents.

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Perusal of the documents would show that there is affair between the parties and the father-in-law of the prosecutrix recorded his no objection with regard to grant of bail to the applicant. Considering the same and also taking into consideration the fact that the applicant is in jail since

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12/08/2024 and the charge-sheet in this case has been filed, I am inclined to release the applicant on bail.

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Let applicant Sakhir Alam @ Sakir, involved in Crime No.535/2024, under Sections 64(2) of BNS, Sections 04 & 06 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (1) (w-ii) of the S.C./S.T. Act, 1989, police station Ambikapur, District Surguja, C.G., be released on bail on his furnishing a personal bond with two sureties each in like amount 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 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.

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(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.

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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 BNSS, 2023 is issued and the applicant fails to appear before the Court on the date fixed in such

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proclamation, then, the trial Court shall initiate proceedings against him, in accordance with law, under Section 209 of Bhartiya Nyay Sanhita, 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 them in accordance with law.

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

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SD/-

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(Arvind Kumar Verma) JUDGE

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ashu

Sakhir Alam @ Sakir v. State of Chhattisgarh

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Sakhir Alam @ Sakir v. State of Chhattisgarh

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