1 2025:CGHC:3104 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 464 of 2025 Manish @ Bittu Sen S/o Late Rohit Sen Aged About 36 Years Resident of Village, P.S. City, P.S. D.D. Nagar, Raipur, District Raipur Chhattisgarh As Per Challan ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station Gudhiyari, Raipur, District- Raipur, Chhattisgarh ... Non-Applicant For Applicant : Mr. C.R. Sahu, Advocate. For Non-Applicant/State : Mr. Malay Jain, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 454/2024, registered at Police Station - Gudhiyari, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 452, 354, 354([k), 376 and 511 of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant has made written PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 20:32:09 +0530 2 complaint to concerned Police Station that on the date of incident, when victim was in her house along with her family members and at that time, the applicant entered into her house and has tried to outrage of her modesty and thereafter, he run away from the spot and Police has registered above offence against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major lady and it is not possible to commit aforesaid offence in present of her relative and the applicant has not committed any aforesaid offence without any her consent, further, she she is the consenting party. Hence, this bail application is liable to be allowed. 4. On the other hand, learned State counsel opposes the bail application. It is further submitted that when the victim was in her house along with her family members and at that time, the applicant entered into her house and tried to outrage her modesty and thereafter, he run away from the spot. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and period of detention in jail, and from the perusal of the statement recorded under Section 164 of Cr.P.C, it transpires that the victim is a major lady and she is the consenting party, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant - 3 Manish @ Bittu Sen involved in Crime No. 454/2024, registered at Police Station - Gudhiyari, Raipur, District- Raipur (C.G.) for the offence punishable under Sections 452, 354, 354([k), 376 and 511 of the Indian Penal Code (IPC)., 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 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 4 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/- Sd/- (Ramesh Sinha) Chief Justice Preeti