1 / 4 2025:CGHC:15663 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2639 of 2025 Santosh Kumar Rajwade S/o Jagnarayan Rajwade Aged About 32 Years R/o Village Kharwat Cherwapara, P.S. Charcha, District Koriya, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Charcha, District Koriya, Chhattisgarh. ... Respondent For Applicant : Mr. Krishnakant Prajapati, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.04.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 288/2024 registered at Police Station – Charcha, District Koriya (C.G.) offence under Sections 331(6), 75(1) read with section of the Bhartiya Nyay Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.04 10:55:20 +0530 2 / 4 2. As per case prosecution story in brief is that on 25/01/2024 the victim was sleeping with her children. At around 9:00 P.M., she heard the sound of someone walking on the roof of the house. When the victim woke up, she saw that accused was sitting on the roof. Seeing the victim he jumped into her room and started outraging the modesty of the victim. Then the victim started shouting, thereafter, neighbor Sangeeta, Kamli Bai and Usha were came in the house of the victim and on next date written complainant has been lodged the FIR before the Police Station Charcha, District-Koriya (C.G.). 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that victim deliberately called the applicant and thereafter, closed the door and started screaming whereupon some neighbors came in the house of the victim and after that next day written complaint made by the victim against the applicant. He further submits that applicant is in jail since 26.12.2024, and conclusion of the trial may take some time, therefore, he prays for grant of regular bail the present applicant. 4. On the other hand, learned State counsel opposes the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the submissions made by learned counsel the present applicant and also considering the fact that in the 3 / 4 present bail application, the charge-sheet has been filed before the competent Court and the present applicant is in jail since, 26.12.2024 and conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Santosh Kumar Rajwade, involved in Crime No. 288/2024 registered at Police Station – Charcha, District Koriya (C.G.) offence under Sections 331(6), 75(1) read with section of the Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing 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 4 / 4 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. (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/- (Ramesh Sinha) Chief Justice vaibhav