1 2025:CGHC:14809 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2455 of 2025 Kamal Kishore Sonwani S/o Shri Dubraj Sonwani Aged About 37 Years R/o Village Chhote Seepat, P.S. Malkharouda, District Sakti, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Malkharouda, District Sakti, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.03.2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 59/2025 registered at Police Station Malkharouda, District Sakti, (C.G.) for the offence punishable under Sections 74 and 331(2) of the Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant lodged a complaint against the applicant on 26.02.2025, alleging that on 11.02.2025, around midnight, the applicant entered the victim’s RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 house with bad intention and touched her hand, arm, and waist inappropriately. Based on this complaint, Police Station Malkharouda, District Janjgir-Champa (C.G.) registered FIR No. 59/2025 against the applicant for the alleged offences punishable under Sections 74 and 331(2) of the BNS (corresponding to Sections 354 and 452 of the IPC) and arrested the applicant on 07.03.2025. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant has not committed any offence as alleged and has been falsely implicated by the complainant. It is further submitted that on 16.02.2025, the complainant and her family members assaulted the applicant, resulting in injuries, for which the applicant lodged FIR No. 51/2025 at Police Station Malkharouda against the victim’s father for offences punishable under Sections 115(2), 296, 3(5), and 351(2) of the BNS (corresponding to Sections 323, 294, 506, and 34 of the IPC) the copy of the FIR is being annexed as Annexure A-2. It is also submitted that the complainant fabricated the present story and lodged a false complaint 10 days after the said incident. Additionally, the applicant’s wife has filed a written complaint against the victim’s father. He further submits that the present applicant has 02 previous criminal antecedents, he is in jail since 07.03.2025. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the 3 charge-sheet has been filed in the present case. She further submits that the applicant entered the victim’s house with bad intention and touched her hand, arm, and waist inappropriately. She also submits that the present applicant has 02 criminal antecedents, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 07.03.2025, the fact that the applicant did not commit any offence as alleged, and the present complaint was lodged as a counterblast to FIR No. 51/2025, which the applicant had lodged at Police Station Malkharouda against the victim’s father for offences punishable under Sections 115(2), 296, 3(5), and 351(2) of the BNS, after being assaulted by the complainant and her family members on 16.02.2025, a copy of the said FIR has been annexed as Annexure A-2, further the present complaint was fabricated and lodged 10 days after the said incident to falsely implicate the applicant and the applicant’s wife has also filed a written complaint against the victim’s father, which adds another dimension to the dispute, moreover, the medical report does not support the prosecution’s case, as no signs of injury were found on the victim’s body, charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. 4 7. Let the Applicant- Kamal Kishore Sonwani, involved in Crime No. 59/2025 registered at Police Station Malkharouda, District Sakti, (C.G.) for the offence punishable under Sections 74 and 331(2) of the Bhartiya Nyay 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 initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan