1 2025:CGHC:3099 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 452 of 2025 Anil Choudhary S/o Madan Lal Choudhary Aged About 55 Years R/o Patharripara, Dempara, P.S. Civil Line Rampur, Korba, Tahsil And District Korba Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Civil Line Rampur, Korba, District – Korba, Chhattisgarh. ---- Non-applicant For Applicant : Mr. Mirza Kesar Beg, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 651/2024, registered at Police Station – Civil Line Rampur, Korba, District – Korba (C.G.) for the offence punishable under Sections 74, 75, 76, 78, 115(2), 296 and 333 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 31.02.2024 when the complainant/victim went to take a bath in her home, at that time present RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant came there and tried to outrage her modesty. Matter reported at the Police Station concerned and the crime was registered against the applicant. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the charge-sheet has been filed in this case. It is further submitted that there are cross reports of the incident and both the sides have lodged the FIR against each other, further the fact that no any person has received injuries, in the FIR lodged against the applicant by the complainant the allegation of offence under Section 74 of the BNS was added. The applicant is in jail since 04.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there is no criminal antecedents registered against the present applicant, and the charge-sheet has been filed in this case. It is further submitted that on 31.02.2024 when the complainant/victim went to take a bath in her home, at that time present applicant came there and tried to outrage her modesty, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there is no any criminal antecedents registered against the present 3 applicant, charge-sheet has been filed against the applicant, further the fact that there are cross reports of the incident and both the sides have lodged the FIR against each other, further the fact that no any person has received injuries, in the FIR lodged against the applicant by the complainant the allegation of offence under Section 74 of the BNS was added, the applicant is in jail since 04.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Anil Choudhary, involved in Crime No. 651/2024, registered at Police Station – Civil Line Rampur, Korba, District – Korba (C.G.) for the offence punishable under Sections 74, 75, 76, 78, 115(2), 296 and 333 of the 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 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 4 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 Rajshekhar