1 2025:CGHC:45984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7145 of 2025 Bhokto Yadaw S/o Baidharo Yadaw Aged About 55 Years R/o Village - Kaliya, P.S.- Narayanpur, District - Jashpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Office, Police Station - Sanna, District - Jashpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Satish Chandra, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/09/2025 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. 52/2025 registered at Police Station Sanna, District - Jashpur (C.G.) for the offence punishable under Sections 450, 376 of the Indian Penal Code. 2. Case of the prosecution, in brief, is that an FIR was registered on 25.06.2025 at Police Station Sanna, District Jashpur, based on the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 complainant’s allegations. It is stated that on 13.10.2023, around 5:00 P.M., while the complainant was alone at her residence, the accused, Bhokto Yadaw, allegedly entered her house after initially requesting food and thereafter committed an act of sexual assault. The complainant later lodged a formal complaint on 21.11.2023, at the same police station. She resides at her parental home and has one child. Based on her report, an offence was registered, and after investigation, a charge-sheet was filed naming the applicant as the accused. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant was previously engaged in labour work at the complainant's residence but later began assisting her husband, Jagannath, in cattle trading, which led to strained relations with the complainant. Notably, the complainant had earlier filed a maintenance case against her husband, which was dismissed, resulting in personal bitterness. Due to these prior disputes and underlying enmity, the applicant has been falsely implicated, and the FIR appears to have been lodged with a malicious intent to harass and settle personal scores after one and half years of the incident. The applicant is in jail since 02.07.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. She further submits that the applicant is alleged to have committed sexual assault on complainant/victim, therefore, applicant 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 offence, period of detention of the applicant since 02.07.2025, the fact that though the applicant is alleged to have committed sexual assault on complainant/victim, but considering the fact that the FIR was lodged after an unexplained delay of approximately one and half of the alleged incident, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Bhokto Yadaw, involved in Crime No. 52/2025 registered at Police Station Sanna, District - Jashpur (C.G.) for the offence punishable under Sections 450, 376 of the Indian Penal Code, 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 4 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil