Vedvyas Soni vs State Of Chhattisgarh

Narendra Kumar Vyas, J

The applicant has preferred this second bail application under Section 483 of Bhartiya Nagarik Suraksha Sanhita 2023 for grant of regular bail as he has been arrested on 22-5-2024 in connection with Crime No.21 of 2024 registered at Police Station – Karpawand, District Bastar (CG) for alleged commission of offences under Sections 354, 456 of IPC and Section 8 of the Protection of Children from Sexual Offences Act, 2012. Earlier first bail application of the applicant was rejected by this Court with liberty to revive the same after recording the statement of the victim vide order dated 5-8-2024.

The case of the prosecution, in brief, is that the applicant entered the house of the victim on 20-5-2024 she while she was with her younger brother and her friend and attempted to outrage her modesty. When the victim resisted, the applicant tried to lure her by offering  Rs.500/-. Upon her shouting  and seeing her friend, the applicant fled away from the spot. When her parents returned home, she informed them about the incident and thereafter lodged report in Police Station On the basis of the report lodged by the complainant, Police have registered the aforesaid offence against the applicant.

Learned counsel for the applicant would submit that the applicant has been falsely implicated and he has not committed any offence. He would further submit that there are contradictions in the statements of PW/1 victim and PW/2 father of the victim who turned hostile. He would further submit that the applicant is in jail since 22-5-2024 and more than 10   months have been lapsed and trial is likely to take sometime, therefore, the applicant may be granted bail.

On the other hand, learned State counsel opposing the bail application of the applicant would submit that there is some material against the applicant, therefore, he may not be released on bail. .

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, nature of allegations levelled against the applicant and also the fact that the applicant is in jail since 22-5-2024 , I am inclined to grant bail to the applicant.

Accordingly, the application is allowed. It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.25,000/- along with one surety for the like amount to the satisfaction of the trial Court 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 him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the IPC.

(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 313 Cr.P.C. 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.

However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude expeditiously, preferably within a period of six months from the date of a receipt of a copy of this court, if there is no legal impediment.

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

Certified copy as per rules.