1 2025:CGHC:3685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 590 of 2025 Gaurav Tandi S/o Shyam Tandi Aged About 22 Years R/o Nehru Nagar Raipur Teh. And District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. City Kotwali District - Raipur (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. For Complainant : Mr. Aditya Tiwari, Advocate. Hon’ble Shri 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. 335/2024 registered at Police Station : City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 74, 296, 76, 332 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, on December 5, 2024, the victim filed a written complaint stating that the applicant, a resident of her colony and an acquaintance, had committed an offense 2 against her. At approximately 1:00 pm, while she was changing, the applicant approached her with the intention of outraging her modesty, pulled her close, and, when restrained, asked her to come downstairs. There, he began abusing her with filthy language. The victim immediately reported the incident to her parents over the phone. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the victim and the applicant are residents of the same colony and had developed a romantic relationship. On the day in question, the applicant visited the victim, but they were caught by her parents. The present FIR is a result of the dispute that ensued between the applicant and the victim's parents. He further submits that the victim did not object to the applicant being granted bail before the trial court, and an afÏdavit was also filed to this effect. He further submits that the present applicant is in jail since 06.12.2024, conclusion of the trial may take some more 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 of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. Learned counsel for the complainant submits that the victim has no objection if the bail application of the present applicant is allowed. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offense, and upon perusal of the victim's statement recorded under Section 164 of the CrPC, it appears that although the victim initially made statements against the applicant, she now has no objection to the applicant's bail application. Also considering the fact that the present applicant has been in jail since 06.12.2024 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 8. Let applicant, Gaurav Tandi, involved in Crime No. 335/2024 registered at Police Station : City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 74, 296, 76, 332 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 his counsel. In case of his absence, without sufÏcient 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. (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. 9. 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 11:08:57 +0530