1 2025:CGHC:5865 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 917 of 2025 1 - Balkrishna Jangde S/o Late Brijlal Jangde Aged About 36 Years R/o Village Temri, Police Station Nandghat, District Bemetara, At Present Resident Of Hig 1/13, Pirda Housing Board, Police Station Vidhan Sabha, District Raipur, Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tilda-Newra District Raipur, Chhattisgarh ... Respondent For Applicant : Mr. Rahil Arun Kochar, Advocate For State : Ms. Mandwi Bhardwaj, Panel Lawyer (Hon'ble Shri Parth Prateem Sahu, Judge) Order on Board 31/01/2025 1. Applicant has filed this fourth bail application under Section 483 of B.N.S.S., 2023 for grant of regular bail as he is arrested in connection with Crime No. 109 of 2021 registered at Police Station – Tilda Newra, District – Raipur, Chhattisgarh for the offences punishable under Sections 307, 454, 354, 376, 120-B, 201, 376(2)(n) and 34 of the I.P.C., 1860. 2. Case of the prosecution, in brief, is that on 15.03.2021 at about 11:45 A.M. one person entered into the house of the complainant / victim and has assaulted her and also committed forceful sexual intercourse with her. There is also allegation that the said person had prepared a video 2 clip of the entire incident. The incident was reported to the concerned police station, based upon which, aforementioned crime was registered and applicant was arrested on 18.03.2021. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the crime in question. This bail applicantion is filed on the ground of delay in trial. Till date, only one prosecution witness has been examined i.e. prosecutrix out of 29 enlisted witnesses. Applicant is in jail since 18.03.2021 and thereby he has completed more than half of the period of sentence to be imposed upon him, hence, applicant may be enlarged on bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that there are specific allegation against applicant of committing crime. However, she do not dispute the submission of learned counsel for applicant with respect to number of total enlisted witnesses and further date of arrest of applicant since 18.03.2021. 5. I have heard learned counsel for the parties and also perused documents available on record. 6. From the date of arrest of applicant, it is appearing that applicant has completed about more than three and a half year of pre-trial detention, out of 29 enlisted witnesses, only one has been examined till date i.e. prosecutrix. In the aforementioned facts of the case, as prosecutrix has already been examined, without commenting anything on merits of the case, I am inclined to enlarge applicant on bail. 7. Accordingly, the bail application is allowed. It is directed that the applicants shall be released on regular bail, upon furnishing a bail bond 3 in the sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that - (a) 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. (b) 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. (c) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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. (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Shayna JUDGE Digitally signed by SHAYNA KADRI