1 2025:CGHC:41602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6468 of 2025 • Ramesh Banjare S/o Late Lakeshwar Prasad, Aged About 51 Years R/o Ward No. 14, Dabhra, P.S. Dabhra, Dist. Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through Sho, P.S. Dabhra, Dist. Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/08/2025 1. This is the Second 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.72/2025 registered at Police Station Dabhra, District - Sakti (C.G.), for the offence punishable under Sections 331(2) & 74 of BNS, 2023. 2. The first bail application filed by the applicant has been rejected in MCRC No. 3430 of 2025 vide order dated 20.05.2025. 3. Case of the prosecution, in brief, is that, on the date of incident 22.02.2025 at about 18.00 hours, when the prosecutrix was cutting VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.20 14:38:15 +0530 2 the vegetables in her house at that time, the present applicant entered to the house of the prosecutrix and tried to outrage the modesty of the prosecutrix and therefore, the prosecutrix lodged the written complaint, the FIR has been registered on 28.02.2025 for the offences under Section 331(2) & 74 of B.N.S. and during the investigation, the applicant has been arrested and after the completion of the investigation, charge-sheet has been filed and trial has begun and the same is in the stage of Prosecution Evidence. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It has been argued by learned counsel for the applicant that the first bail application of the present applicant has already been rejected by this Court in MCRC No. 3430 of 2025 vide order dated 20.05.2025 on the ground that he has two previous criminal antecedent of similar nature and in said two cases, statement of the victims have been recorded and they have turned hostile, so far as in the present case the statement of the victim has been recorded and she has supported the prosecution case. The applicant is in jail since 05.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for releasing the applicant on regular bail. 5. Learned Panel Lawyer, appearing 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. He further submits that the applicant has two criminal antecedents, it appears that he is a habitual offender. As such, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the fact that the applicant is having one criminal antecedent and the charge-sheet has been filed, considering the fact that first bail application of the present applicant has already been rejected by this Court in MCRC No. 3430 of 2025 vide order dated 20.05.2025 on the ground that he has two previous criminal antecedent of similar nature and in said two cases, statement of the victims have been recorded and they have turned hostile, so far as in the present case the statement of the victim has been recorded and she has supported the prosecution case. The applicant is in jail since 05.04.2025 therefore, this Court is of the opinion that this is not a fit case to enlarge the applicant on regular bail. 8. Accordingly, the bail application of the applicant – Ramesh Banjare, involved in Crime No.72/2025 registered at Police Station Dabhra, District - Sakti (C.G.), for the offence punishable under Sections 331(2) & 74 of BNS, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office 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 vaishali