1 2025:CGHC:29159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4119 of 2025 Nageshwar Gupta S/o Rajendra Gupta Aged About 40 Years Malhar, Police Station- Masturi District- Bilaspur (C.G.) Present Address Chhote Devgaon Police Station And Tehsil- Kharsia, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station- Kharsiya, District- Raigarh (C.G.) ... Respondent For Applicant : Shri Shikhar Agnihotri, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.01 17:17:12 +0530 2 connection with Crime No.238/2025 registered at Police Station Kharsiya, District - Raigarh (C.G.) for the offence punishable under Sections 331(4), 74, 75 (1) (i) of BNS. 2. Case of the prosecution, in brief, is that the prosecutrix has lodged a report against the applicant with the allegation that on intervening night of 23-24 of April 2025 applicant who is a neighbour as well as the relative of the prosecutrix (elder brother in law) in absence of her husband the applicant came to the home of the prosecutrix and tries to outrage her modesty. But, when the prosecutrix wake up has raised the alarm and she fled away. And the prosecutrix, on the aforesaid night went to the home of her relative and on the next day when her husband returned back to the home she informed him but on the fear she has not lodged the report and after 3 days of the incident lodged the report, and on the basis of the same report the police has registered the offence for allegation of commission of the aforesaid offences against the applicant. 3. It has been argued by learned counsel for the applicant that the victim is the cousin sister-in-law of the applicant and family of the applicant and family of the complainant were running a dhaba and because of this there was some dispute and the allegation have been levelled against the applicant for outraging her modesty. He would submit that the applicant is in jail since 27/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3 4. On the other hand, learned State Counsel opposes the bail application. 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, period of detention of the applicant since 27/04/2025, 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. Let the Applicant-Nageshwar Gupta, involved in Crime No.238/2025 registered at Police Station Kharsiya, District - Raigarh (C.G.) for the offence punishable under Sections 331(4), 74, 75 (1) (i) of BNS., 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. In case of his absence, without sufficient cause, the trial 4 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