1 2025:CGHC:48160 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7100 of 2025 Sumit Yadav S/o Nirmal Yadav Aged About 21 Years R/o T.V. Tower Road Chhote Atarmuda, Raigarh, Tahsil And District- Raigarh (C.G.) ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Chakradharnagar, District- Raigarh (C.G.) ...Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 176/2025 registered at Police Station : Chakradharnagar District – Raigarh C.G.) for the offence punishable under Sections 296, 351(2),115(2),74 & 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story in brief is that the prosecutrix lodged oral report Chakradharnagar, alleging therein that on 26.04.2025, Police VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 14:32:39 +0530 2 Station, she was taking rest in her rental house, at that time, the accused persons including present applicant came in her house and accused Akash touched the hand and body of prosecutrix, which was objected by the prosecutrix, upon which, the accused persons abused and assaulted with her due to which, she has received injury on her neck and chest. 3. The applicant has been falsely implicated in the present case. Though the FIR has been lodged against the applicant along with co-accused Akash Rajput and Aman Rajput, the specific allegation in the body of the FIR has been made against Akash Rajput, who allegedly sought sexual favor from the complainant. So far as the present applicant is concerned, only a general allegation has been levelled against him for indulging in marpeet with the victim. The applicant has neither used any criminal force upon the prosecutrix nor outraged her modesty, and he has not inflicted any injury upon her. The charge-sheet has already been filed before the Court below, and as the trial will take considerable time for its conclusion, the applicant deserves to be enlarged on bail. The applicant undertakes to appear before the trial Court during the course of trial, not to misuse the liberty, and not to tamper with the prosecution evidence or influence the witnesses. The applicant has been in jail since 27.04.202, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that, as per Section 183 of the BNS, there are allegations against the applicant along with other co- accused namely Akash Rajput and Aman Rajput, the applicant is also 3 named in the FIR, and the charge-sheet has already been submitted before the competent Court in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the applicant has no criminal antecedents, further, the charge-sheet has already been submitted in the present case before the competent Court and the present applicant has been in jail since 27.04.2025, the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. Let applicant, Sumit Yadav, involved in Crime No.176/2025 registered at Police Station : Chakradharnagar District – Raigarh C.G.) for the offence punishable under Sections 296, 351(2),115(2),74 & 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two local sureties in the like amount 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 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, 4 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. However, this Court hopes and trust that the trial Court shall make an earnest endeavour to conclude the trial in accordance with law as expeditiously as possible, within a period of six months from the receipt of a certified copy of this order, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav