1 2025:CGHC:40955 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5823 of 2025 • Taran Nirmalkar S/o Late Bisru Nirmalkar Aged About 37 Years R/o Nagar Palik Tifra Tahsil And Dist- Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Sarkanda District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case information System) For Applicant : Mr. Amit Kumar, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 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. 726/2025 registered at Police Station- Sarkanada, District-Bilaspur (C.G.), for the offence punishable under Sections115(2), 296, 351(2), 75(1) of BNS, 2023. 2. As per the case of the prosecution story, in brief, is that on 12.05.2025 applicant complainant went from Gulab Nagar to Tifra by scooty. Thereafter applicant threaten to her and assaulted and abuse to the complainant but on that day she not made complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 18:24:57 +0530 2 against the applicant. On 18.05.2025 applicant again came to the house of complainant and assaulted to her and trying to sexual assault with her therefore on 19.05.2025 complainant moved written report against the applicant before the concern police station and concern police station registered the F.I.R against him in crime no. 726/2025 in punishable offence u/s 115(2), 296, 351(2), 75(1) of B.N.S. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in crime in question and the allegation levelled against the present applicant is that he assaulted the injured/victim, by which she sustained injury on her lips, but she denied herself for her medical examination. The applicant is in jail since 19.05.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he 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. She further submits that applicant has five previous criminal antecedents, in crime No.130 of 2013, which has been disposed of, in crime No.167 of 2014, in which applicant has acquitted by this Court’s judgment dated 05.09.2024, in crime No.459 of 2020 for the offence under Sections 294, 323, 506, 452, 427, 392, 34 of IPC and 25, 27 of Arms Act, which is pending and in crime No.434 of 2020 for the offence under Sections 294, 323, 506, 34 of IPC, in which applicant name is not mentioned, in crime No. 366 of 2020 for the offence under Sections 294, 323, 506, 34 of IPC, which is disposed of. She further submits that as per statement of the complainant/victim recorded under Section 183 of BNS, in which she stated that she was in contact with the present applicant 3 through their common friend since long back and they were good friend but after some time applicant used to harass her and pressurized her for making physical relation with him, looking to the conduct of the applicant, he is a habitual offender, 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 further considering the fact that applicant assaulted the injured/victim, by which she sustained injury, but she denied herself for her medical examination, looking to the statement recorded under Section 183 of BNS, 2023 of the victim, he is in jail since 19.05.2025, the fact that applicant is having five previous criminal antecedents, out of which only one case is pending for conclusion, the charge- sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the applicant – Taran Nirmalkar, involved in Crime No. 726/2025 registered at Police Station-Sarkanada, District-Bilaspur (C.G.), for the offence punishable under Sections115(2), 296, 351(2), 75(1) of BNS, 2023, be released on bail on their 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 4 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. (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. 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