1 2025:CGHC:19126 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2952 of 2025 Manish Guldasani S/o Lt. Shri Ashok Guldasani Aged About 28 Years R/o Village Rajaram Colony, Arihant Vihar, Vidisha, District Vidisha (M.P.) ... Applicant versus State of Chhattisgarh Through Police Station Saraswati Nagar, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Complainant : Mr. Sachin Nidhi, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 28.04.2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.31/2025, registered at Police Station – Saraswati Nagar, District Raipur (C.G.) for the offence punishable under Sections 64, 296 and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 20.02.2025 a written PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.04.29 18:47:49 +0530 2 complaint was given by victim, alleged there in that in the year 2021, she filed a complaint against applicant under Section 376 of IPC which was eventually got settled between them. But after settlement and after procuring bail, the applicant started harassing her by different means and act, she further had deposed in favour of applicant before the trial Court. She further alleged in her complaint that the applicant used to borrow money from her from his personal use and when she demanded him to return the money, he and his family members use to make excuses. On 16.01.2025 the applicant came to Raipur to attend hearing in the matters which case pending before District Court of Raipur and came to her house and sexually assaulted her and further threatened her to viral her obscene photos and videos, is she disclosed this to anyone. Hence, this FIR. 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 submitted that the victim has also lodged an FIR against him for the offence in question in which his bail was granted and the applicant is facing trial and the statement of the victim has been recorded but as he failed to appear in the said case, hence, non-bailable warrant was issued against him and he was arrested on 13.02.2025 and he states that the present case is just a misuse of process of law for harassing the applicant. The applicant is in jail since 03.03.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 The learned counsel for the objector opposed the bail application and submitted that the applicant had taken some money from the victim and when she demanded the same, he threatened her physically handicaped son for death consequences of his life and further, tried to sexually 3 exploit her, and the applicant has one previous criminal antecedents of the similar nature, which is still pending, therefore he is not entitled for grant of bail. 5 On the other hand, the learned State counsel opposed the bail application and submits that the present bail application is liable to be dismissed. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant had taken some money from the victim and when she demanded the same, he threatened her physically handicapped son for death consequences of his life and further, tried to sexually exploit her, also considering the fact that the applicant has one previous criminal antecedents of the similar nature, which is still pending, as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8 Accordingly, the bail application of the applicant - Manish Guldasani involved in Crime No.31/2025, registered at Police Station – Saraswati Nagar, District Raipur (C.G.) for the offence punishable under Sections 64, 296 and 351(2) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10 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 Preeti