1 2025:CGHC:26507 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3581 of 2025 Tameshwar Yadav S/o Dinesh Kumar Yadav Aged About 35 Years R/o Village Katulboard, Battalion Para, P.S. Mohan Nagar, Tahsil And District Durg (C.G.)/ Village Tirga, P.S. Anda, Tahsil And District Durg (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House Officer of Police Station Mohan Nagar, Durg, District – Durg (C.G.) ---- Non-applicant For Applicant : Mr. Mayank Chandrakar, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.06.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 137/2025 registered at Police Station – Mohan Nagar, Durg, District – Durg (C.G.) for the offence punishable under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (In short, BNS). 2. Case of the prosecution, in brief, is that on 08.04.2025 in the morning the parents of the victim were left for work and the victim was sleeping at home alone, the applicant entered the house of the victim and tried to outrage her modesty, thereafter, on screaming of the victim, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant ran away from the place of incident. On the basis of the same, the offence was registered against the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It has been further submitted that there was some dispute between the applicant and the father of the victim, as they were working in the same company i.e. A.B.S. and during consumption of alcohol some dispute were taken place between them, on account of which the applicant has been falsely implicated the present case. The applicant is in jail since 09.04.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel as well as the counsel for the Objector, opposes the bail application and submits that from the perusal of the case-diary and statement of the victim recorded under Section 183 of the BNSS, it transpires that the victim is an ummarried girl was sleeping in her house and the applicant entered the house of the victim and tried to outrage her modesty, and as per the medical reports an injury has been found on the ear of the victim. As such, the bail application deserves to be rejected. 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 and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary and statement of 3 the victim recorded under Section 183 of the BNSS, it transpires that the victim is an ummarried girl was sleeping in her house and the applicant entered the house of the victim and tried to outrage her modesty, and as per the medical reports an injury has been found on the ear of the victim, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, this bail application of applicant – Tameshwar Yadav involved in Crime No. 137/2025 registered at Police Station – Mohan Nagar, Durg, District – Durg (C.G.) for the offence punishable under Section 74 of the BNS, is rejected at this stage. 8. Needless to say that the learned trial Court concerned is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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 Rajshekhar