Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33468
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2075 of 2025 Ajay Singh S/o Biharilal Aged About 35 Years R/o Koriya Colliery, Thana and Tahsil Chirmiri, District- Manendragarh- Chirmiri- Bharatpur ( C.G. ).
... Applicant versus The State of Chhattisgarh Through- Police Station Chirmiri, District- M.C.B.
( C.G. ).
... Non-Applicant For Applicant : Mr. Parag Kotecha, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 16.07.2025
1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 377/2024 registered at Police Station – Chirmiri, District- Manendragarh- Chirmiri- Bharatpur, (C.G.) for the offence punishable under Sections 331(6), 74, 75, 76, 351(2) of Bharatiya Nyaya Sanhita, 2023.
2. According to the prosecution's case, the allegation against the applicant is that he entered the victim's house, expressed his desire to marry her, and then caught her from behind with the intention of PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.17 20:47:48 +0530
2 insulting her. He allegedly started pressing her breast and molested her, leading to the registration of an offense under the aforementioned sections against the applicant.
3.
Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant was arrested only on the basis of suspicion and no specific allegation had been raised, against the applicant. He further submits that there is no eye witness to the incident and there is no motive to commit the crime had been proven by the prosecution. Further, there is delay in lodging the FIR and no explanation was offered. He further submits that the charge-sheet has been filed and he has two previous criminal antecedents. Therefore, he prays for grant of bail.
4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant had outraged the modesty of the victim, therefore, the bail application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the facts and circumstances of the case, nature and gravity of the allegation levelled against the present applicant and the fact that applicant happens to be brother-in-law (Jija) of the victim who is aged about 21 years old and it transpires from the record submitted by the trial Court dated 14.07.2025 that the statement of two prosecution witnesses including the victim have been recorded and the allegations goes to show that the applicant had outraged the modesty of the victim, considering the said allegation, this Court is of the opinion that it is not a fit case to
3 enlarge the applicant on regular bail.
7. Accordingly, this bail application of applicant – Ajay Singh involved in Crime No. 377/2024 registered at Police Station – Chirmiri, District- Manendragarh- Chirmiri- Bharatpur, (C.G.) for the offence punishable under Sections 331(6), 74, 75, 76, 351(2) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice
Preeti