1 2025:CGHC:9398 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1554 of 2025 Shiva Verma S/o Late Gaya Prasad Verma Aged About 25 Years, R/o Near Muktidham Madhuban Road, Dayalband, Bilspur, P.S. City Kotwali, District Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Police Station City Kotwali, District Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.02.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 305/2024, registered at Police Station - City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 331(2), 331(6) and 74 of Bharartiya Nyaya Sanhita, 2023. 2. The prosecution story, in brief, is that the victim has lodged the FIR and alleged that the present applicant had entered their rented house at PREETI KUMARI Digitally signed by PREETI KUMARI 2 midnight, and tried to outrage her modesty while she was sleeping with her husband. Thereafter, the Police has arrested the present applicant and filed the charge-sheet in the competent Court of law. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the victim herself has stated that they have locked the door from inside, hence, it is not possible that the applicant had entered into the room. He further submits that the victim has been examined before the learned trial Court and she has not supported the case of prosecution. It is also submitted that the applicant has seven previous criminal antecedents under the IPC and Arms Act, out of which in three cases, he has been acquitted and in one case, he has been convicted, and two cases are pending, the explanation of the same has been given in para No. 4A of this bail application, the charge-sheet has been filed in this case. The applicant is in jail since 24.07.2024 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant has seven criminal antecedents. He further submitted that the applicant has tried to outrage the modesty of the victim. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from the perusal of the statement of the victim recorded before the trial Court, it appears that when the applicant is said to have tried to outrage the modesty of the 3 victim who is the married woman, her husband was also sleeping beside her, further the charge-sheet has been filed in the present case and the applicant is in jail since 24.07.2024 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - Shiva Verma involved in Crime No. 305/2024, registered at Police Station - City Kotwali, District - Bilaspur (C.G.) for the offence punishable under Sections 331(2), 331(6) and 74 of Bharartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum 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 his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (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. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 4 initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (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. If in the opinion of the trial court absence of the applicant is deliberate or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Preeti