1 2025:CGHC:22214 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3430 of 2025 1 - Ramesh Banjare S/o Late Lakeshwar Prasad Aged About 51 Years R/o Ward No. 14, Dabhra, P.S. Dabhra District Sakti (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Of Police Station Dabhra, District Sakti (C.G.) ... Non-Applicant For Applicant : Shri Ram Sajiwan, Advocate For Non-Applicant : Shri Nitansh Kumar Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.5.2025 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. 72/2025, registered at Police Station Dabhra, Digitally signed by GOPAL SINGH Date: 2025.05.22 17:13:23 +0530 2 District Sakti (Chhattisgarh) for offences punishable under Sections 331(2) and 74 of BNS. 2. The case of the prosecution, in brief, is that on the date of incident, i.e., 22.2.2025, at about 18:00 hours, when the victim/prosecutrix was cutting vetetable in her house, at that time, the present applicant entered her house and tried to outrage her modesty and, therefore, she lodged the written complaint and on the basis of her written complaint, the FIR has been registered on 28.2.2025 for the offences punishabole under Sections 331(2) and 74 of BNS and during the investigation, the applicant has been arrested and after completion of the investigation, charge sheet has been filed. 3. It is argued by learned counsel appearing for the applicant that wife of the applicant was an ex-corporator and the complainant had taken money of Rs.50,000 from them for mariage of her son. On demanding the money back by the applicant from the complainant, she lodged the present FIR levelling false allegations against the applicant. The FIR has been lodged after 6 days of the alleged incident for which no explanation has been offered. Charge-sheet has been filed. Trial is likely to take some time for its conclusion. Therefore, it is prayed that the applicant may be granted regular bail. 4. On the other hand, learned counsel appearing for the State opposes the bail application and submits that the victim/complainant is a married woman. The applicant 3 demanded sexual favour from her and when she refused he forcibly entered her house and tried to outrage her modesty. On raising alarm by the victim, her daughter reached there and their neighbours also witnessed the incident. Learned counsel further submits that there are two criminal antecedents of similar nature against the applicant. Therefore, the applicant is not entitled for grant of regular 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 the allegations levelled against the applicant and also considering the statement of victim recorded under Section 183 of BNSS where she has deposed against the applicant and when she raised alarm her daughter came and the applicant fled away and he was also seen by her neighbours, the fact that there are two criminal antecedents of similar nature against the applicant which shows that the applicant is a habitual offender and also in light of the judgment rendered by the Hon’ble Supreme Court in Deepak Yadav v. State of Uttar Pradesh and another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. Accordingly, the bail application of 4 applicant Ramesh Banjare, involved in Crime No. 72/2025, registered at Police Station Dabhra, District Sakti (Chhattisgarh) for offences punishable under Sections 331(2) and 74 of BNS, is rejected at this stage. 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. Office 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 Gopal Singh