1 2025:CGHC:31688 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3342 of 2025 Murari Lal Suman S/o Murari Suman Aged About 49 Years R/o Village Sakreli Khurd Police Station Nagarda District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through The District Magistrate / Collector District - Janjgir - Champa (C.G.) ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2025 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.33/2025 registered at Police Station Nagarda, District Sakti (C.G.) for the offence punishable under Sections 331, 74, 115 (2), 351 (2), 303 (2) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant made GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.10 10:44:55 +0530 2 written complaint at Police Station Nagarda, in which crime has been registered under Section 331, 74, 115 (2), 351 (2), 303 (2) of B.N.S in relation to Crime No.33/2025 with the allegation that on the date of incident i.e. on 08-04-2025 at about 7.30 PM, the present applicant entered the house of complainant and tried to outrage the modesty by holding and pulling the hand and clothes of prosecutrix and committed theft of Rs.40000/- and threatened the prosecutrix to cause death and thereby the applicant committed the offence and during the investigation, the applicant has been arrested. 3. Learned counsel for the applicant submits that the allegation against the applicant is that he committed theft of Rs.40000/- and also tried to outrage the modesty of the victim. He would further submit that there are four previous criminal antecedents against the applicant, out of which three are of preventive action under Section 107 and 116 (3) of CRPC, which are disposed of and one is relating to Section 126, 135 (3) of BNS, which is pending. He would submit that the applicant is in jail since 11/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in the present case before the competent court. He would submit that no recovery of any money has been made from the possession of the applicant. 3 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, considering the fact that no recovery of any money has been made from the possession of the applicant, period of detention of the applicant since 11/04/2025, charge sheet has been filed and trial is likely to some time for its conclusion, 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 and it is directed that the Applicant-Murari Lal Suman, involved in Crime No.33/2025 registered at Police Station Nagarda, District Sakti (C.G.) for the offence punishable under Sections 331, 74, 115 (2), 351 (2), 303 (2) of B.N.S., 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. 4 In case of his absence, without sufficient 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. (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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri