1 2025:CGHC:2470 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 357 of 2025 Setram Patel S/o Radhu Patel Aged About 29 Years R/o Village Katangi Police Station and Tahsil Gandai District - Kahiragarh - Chuikhadan - Gandai (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station - Gandai District - Khairagarh - Chuikhadan - Gandai (C.G.) ... Non-Applicant For Applicant : Mr. Abhishek Sharma, Advocate. For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 225/2024, registered at Police Station : Gandai, District - Khairagarh - Chuikhadan - Gandai (C.G.) for the offence punishable under Sections 331(6), 76, 115(2) of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 15.10.2024, the victim lodged a written report stating that, at midnight on 14.10.2024, the applicant entered her house and attempted to RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.16 11:13:11 +0530 2 outrage her modesty. When she shouted, her husband arrived, and the applicant assaulted him with a bamboo stick. She further stated that the incident was witnessed by her father-in-law, mother-in-law, and brother-in-law. Subsequently, the police registered a case against the applicant under Sections 331(6), 76 and 115(2) of the Bhartiya Nyay Sanhita, 2023. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely implicated in the aforesaid case. He submits that the complainant’s family had quarreled with and badly beaten the applicant. Subsequently, on 15.10.2024, the applicant’s brother, Tikam Patel, lodged a counter FIR in Crime No. 226/2024 against the complainant’s family members, namely, Lalit Namdev, Devendra Namdev and Akash Namdev under Sections 296, 115(2), 351(3), and 3(5) of the Bhartiya Nyay Sanhita, 2023. He further submits that the victim has lodged false FIR against the applicant solely to save themselves. He further submits that the present applicant is in jail since 17.12.2024 and conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that on 15.10.2024, the victim lodged a written report stating that, at midnight on 14.10.2024, the applicant entered her house and attempted to outrage her modesty. When she shouted, her husband arrived, and the applicant assaulted him with a bamboo stick, therefore, the applicant is not entitled for grant of bail. 3 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, submission of the learned counsel for the parties, nature and gravity of the offence, allegation made against the present applicant and fact that counter FIR has been lodged by both the parties and present applicant has no criminal antecedents and also considering the fact that in the present bail application the charge-sheet has been filed before the competent Court and he is in jail since 17.12.2024 and conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Setram Patel, involved in Crime No. 225/2024, registered at Police Station : Gandai, District - Khairagarh - Chuikhadan - Gandai (C.G.) for the offence punishable under Sections 331(6), 76, 115(2) of Bhartiya Nyay Sanhita, 2023, be released on bail on 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. 4 (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. (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