1 2025:CGHC:32075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5390 of 2025 Baiju Das Mahant S/o Narayan Das Mahant Aged About 30 Years R/o Village Ward No. 06, Dongaghat, Champa, Police Station - Champa, District - Janjgir-Champa Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Champa, District - Janjgir-Champa Chhattisgarh ---- Non-Applicant(s) For Applicant : Mr. Parasmani Shriwas, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 10.07.2025 1. The applicant has preferred this First Bail application under Section 483 of BNSS for grant of regular bail, as he has been arrested in connection with Crime No.87/2025, registered at Police Station Champa, District – Janjgir-Champa, (Now Sakti) for the offence punishable under Sections 296, 126(2), 74, 75, 78, 79 of Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. The prosecution story in brief, is that on 11/03/2025 victim/complainant had lodged written report at Police Station- Champa, District-Janjgir-Champa with the intent that on 10/03/2025 at about 5.00 P.M. she was going to coaching and reached near the house of Ghanshyam Dewangan meanwhile, applicant came there abusing her as well as caught her hand and committed the outrage of her modesty therefore, upon such complaint, applicant has subsequently been arrested. 3. Learned counsel for the applicant submits that the applicant is innocent, reputed person and has not been involved in the alleged offence but the prosecution authorities have falsely been implicated to him in this crime in question. He further submits that the applicant has never prosecuted or implicated in this type of crime whatsoever, before this and the actual fact of the case is that the applicant residing at same place, meanwhile some dispute has happened amongst the family members of complainant and therefore, applicant has falsely been implicated He also submits that at the time of incident, applicant is not present there and the applicant is in jail since 12.03.2025 and as per statement of the victim/complainant under Section 183 of B.N.S.S 2023, she didn't support, the trial is likely to take some time therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned counsel for the State opposes the prayer for grant of bail and submits that as per the victim’s statement recorded under Section 183 of the BNSS, which goes to show that 3 she was a major girl and the applicant was harassing her while she was going to attend coaching classes and this was a regular feature which was resisted but thereafter on the date of incident, the applicant intercepted her and blocked her way and outrage her modesty. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and the fact that as per the victim’s statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), it is evident that the victim is a major girl and that the applicant had been continuously harassing her while she was on her way to attend coaching classes, despite her resistance to such conduct, the applicant persisted in his actions and on the date of the incident, the applicant allegedly intercepted the victim on the way, obstructed her path, and proceeded to outrage her modesty, the consistent pattern of harassment, culminating in the incident in question, clearly reflects the applicant’s deliberate and unlawful conduct, which caused deep mental trauma and violated the dignity of the victim and the allegations are serious in nature hence, this Court does not seem appropriated to release the applicant on bail. 7. Accordingly, the bail application of the applicant – Baiju Das Mahant filed under Section 483 of the BNSS, involved in Crime 4 No.87/2025, registered at Police Station Champa, District – Janjgir- Champa, (Now Sakti) for the offence punishable under Sections 296, 126(2), 74, 75, 78, 79 of Bhartiya Nyaya Sanhita, 2023., is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal