1 2025:CGHC:3729 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 597 of 2025 Ajij Khan Alias Bhondu S/o Late Mohammad Aamir Aged About 37 Years R/o Bajirao Mahrapara Raigarh Tehsil And District Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Chakradharnagar District- Raigarh (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 412/2024 registered at Police Station – Chakradharnagar, District Raigarh (C.G.) offence under Sections 74, 78(2), 79, 296(A) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, the complainant filed a First Information Report (FIR) on September 6, 2024, alleging that on September 5, 2024, at approximately 4:30 pm, while sitting in her 2 senior's chamber within the Court premises, the applicant approached her to get a document notarized. The complainant, an LLB student, stated that when the applicant asked her where the notary was, she replied that her senior was a notary and would attend to the matter upon his return. Meanwhile, the applicant allegedly attempted to molest the complainant, leading to the registration of the aforementioned offenses against him. 3. Learned counsel for the applicant submits that the present applicant has been falsely implicated in this case. He submits that the actuality of the case is that one Abhishek Sharma who is working in the district court Raigarh has previous dispute with the present applicant, Abhinav Sharma has already lodged false first information report two three times crime no. 433/2023, 817/2023 against the present applicant using other persons and this time he has conspired with the complainant who is also in the same field and in every case the offences levelled against the applicant is same and that is linked to Abhishek Sharma. He also submits that the other witness whose statement has been recorded by the police is entirely different as per the allegation levelled by the complainant in her first information report which clearly shows that there was no dispute between the applicant and the complainant. He further submits that the present applicant has 10 criminal antecedents under the IPC, Excise Act and Istagasa out of which 07 cases are disposed of, explanation has already been given in the present bail application. He further submits that the applicant is in jail since 28.09.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application 3 of the present applicant and submits that the charge-sheet has already been submitted before the competent Court in the present case. 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 that the present applicant has 10 criminal antecedents under the IPC, Excise Act and Istagasa out of which 07 cases are disposed of, explanation has already been given in the present bail application. Furthermore, the charge-sheet has already been submitted before the competent Court and he is in jail since 28.09.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Ajij Khan Alias Bhondu, involved in Crime No. 412/2024 registered at Police Station – Chakradharnagar, District Raigarh (C.G.) offence under Sections 74, 78(2), 79, 296(A) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 4 court on each date fixed, either personally or through his counsel. In case of his absence, without sufÏcient cause, the trial court may proceed against his 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 sufÏcient 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. OfÏce 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 Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 11:08:33 +0530