1 2025:CGHC:21462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3600 of 2025 1 - Abhisek Sona S/o Shri Basant Sona Aged About 25 Years R/o Near Dewan Talab, Balmiki Chowk Jalampur, Dhamtari, Thana- City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh. 2 - Saurabh Sona @ Chandrapal Sona S/o Shri Shyamu Sona Aged About 23 Years R/o Mahant Ghasidas Ward, Balmiki Chowk Jalampur, Dhamtari, Thana- City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh. ... Applicants versus The State of Chhattisgarh Through Station House Officer, Police Station- City Kotwali, Dhamtari, District Dhamtari, Chhattisgarh. ... Non-Applicant For Applicants : Mr. Sumit Shrivastava, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.05.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as they have been arrested in connection with Crime No. 50/2025, registered at Police Station City Kotwali, Dhamtari, District Dhamtari, (C.G.) for the offence punishable under Section 74, 115(2), 351(2) and 3(5) of Bhartiya Nyay Sanhita, 2023 and Section 25, 27 of the Arms Act. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution story, in brief, is that the complainant/victim, aged about 21 years, lodged a written report on 05.03.2025, stating that at around 3:00 AM, she went outside her house to attend the call of nature. At that time, the applicants arrived there and caught hold of her with the intention of outraging her modesty. When she objected, the applicants, threatened her with a knife. At that moment, her mother and brother arrived at the spot, and the applicants, caused an injury to the complainant’s mother on her hand. Based on this report, the police registered an offence, arrested the applicants, and after completion of the investigation, filed the charge sheet. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case by the complainant who is the neighbour of the applicants as on the date of incident some dispute has been arose between the applicants and mother of the victim therefore a false report of outraging the modesty has been lodged. He further submits that the alleged incident was taken place at morning 7 AM when the number of persons residence of local area were present but to implicate the applicants in a grievous case the time of incident as well as the allegations were changed and implicated the applicants in a case of outraging the modesty of the victim. He also submits that from the perusal of the injury report of the injured Smt. Sundari Bai only abrasion was received by her on a ring finger which is not vital parts of the body and the injury is simple in nature. He further submits that the charge-sheet has been filed before the competent Court, the applicants are 23 and 25 years young boy and they are in jail 3 since 05.03.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicants. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the applicants caught hold of victim with the intention of outraging her modesty and when she objected, the applicants, threatened her with a knife. She further submits that when her mother and brother arrived at the spot to rescue her, the applicants, caused an injury to the complainant’s mother on her hand, therefore, they are not entitled for grant of regular bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicants caught hold of victim with the intention of outraging her modesty and when she objected, the applicants, threatened her with a knife, further when her mother and brother arrived at the spot to rescue her, the applicants, caused an injury to the complainant’s mother on her hand, as such, this Court is of the opinion that it is not a fit case to enlarge the applicants on regular bail, accordingly, the bail application of applicants – Abhisek Sona and Saurabh Sona @ Chandrapal Sona, involved in Crime No. 50/2025, registered at Police Station City Kotwali, Dhamtari, District Dhamtari, (C.G.) for the offence punishable under Section 74, 115(2), 351(2) and 3(5) of Bhartiya Nyay Sanhita, 2023 and Sections 25 & 27 of the Arms Act, is rejected. 4 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. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan