1 2025:CGHC:32318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4414 of 2025 • Ravindra Kumar Khande S/o Bhukhauram Khande Aged About 23 Years Caste Satnami, R/o Village Sakrelibhatha, Police Station Baradwar, District Sakti Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Police Station Baradwar, District Sakti Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Krishna Kumar Dewangan, Advocate For Respondent : Mr. Malay Jain, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/07/2025 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 connection with Crime No.91/2025 registered at Police Station- Baradwar District Sakti (C.G.), for the offence punishable under Sections 74, 296, 351(2), 331(2) of BNS 2023. 2. Case of the prosecution, in brief, is that on 20.04.2025 at night 12 the prosecutrix was sleeping with her child at the courtyard of the house and her husband and father-in-law was not at the house. Then VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 the accused has come inside the house and told that he loves her and start holding the hand and arm and when the prosecutrix has denied then the accused has threatened to kill the child of the prosecutrix and then start using filthy language. The prosecutrix has lodged written report before Police Station Baradwar, District Sakti, (C.G.) concern police have registered crime no. 91/2025 alleged offence punishable under section 74, 296, 351(2), 331(2) of B.N.S. 2023 against applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that prosecutrix is major and educated lady as well as consenting party. The applicant is in jail since 22.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, she prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has one criminal antecedent in crime No.270 of 2024 offence under sections 296, 351(3), 115(2) and 3(5), which is pending, therefore, he is not entitled for grant of 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 allegation levelled against the applicant and the fact that the prosecutrix is major and educated lady, further applicant has one previous criminal antecedents, which is pending, he is in jail since 22.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this 3 Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Ravindra Kumar Khande, involved in Crime No.91/2025 registered at Police Station-Baradwar District Sakti (C.G.), for the offence punishable under Sections 74, 296, 351(2), 331(2) of BNS 2023, be released on bail on her 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 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. 4 (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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial within six months from the receipt of this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali