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2025:CGHC:50467
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7088 of 2025 Satish Markam S/o Late Prahalad Markam Aged About 23 Years R/o Rahul Nagar Ward No.31, P.S. Kotwali Rajnandgaon District- Rajnandgaon (C.G.) ... Applicant versus State Of Chhattisgarh Though Station House Officer, Police Station Basantpur District- Rajnandgaon (C.G.) ... Respondent For Applicant : Shri Aditya Bhardwaj, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 09/10/2025
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.265/2025 registered at Police Station Basantpur District Rajnandgaon (C.G) for the offence punishable under Sections 74,118(1),296,351 (2) of Bharatiya Nyaya Sanhita (BNS), 2023.
2. Case of the prosecution, in brief, is that on 14.06.2025, the prosecutrix lodged an oral complaint at the Police station, Basantpur, District Rajnandgaon, to the effect that she had known the applicant-accused GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.10 14:38:41 +0530
2 Satish Markam for about 4-5 years. They were in a love relationship and used to communicate regularly. However, for the past 5 months, she had stopped communicating with him. On that account, whenever he met her on the way, he used to stop her, tease her, pressurize her to establish physical relations, and threaten that he would edit her photographs in an obscene manner and make them viral. On 12.06.2025, between 11:00 a.m. and 1:00 p.m., after appearing in the B.Com. First Year examination at Digvijay College, when she was leaving the college and going towards the parking area with her friend, the applicant-accused Satish Markam came there and angrily asked her why she was not talking to him. He then abused her in filthy language, took out a razor blade he was carrying, first inflicted a cut on his own hand, and thereafter, after threatening to kill her, assaulted her with the same razor blade on her left hand, causing profuse bleeding. He further threatened that if she reported the matter to the police, he would kill her family members, and thereafter fled from the spot. On the basis of the aforesaid report of the prosecutrix, Police Station Basantpur, District Rajnandgaon, registered an offence against the applicant-accused, hence this bail application.
3.
Learned counsel for the applicant submitted that as per the 183 BNSS statement of the victim it is alleged that the applicant tried to outrage the modesty of the victim and from the perusal of the report of the medical examination of the said victim, it transpires that the injury was found to be simple in nature. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 21/07/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 3
4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has no criminal antecedents. 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, perused the statement of the victim under section 183 BNSS wherein it is stated that the applicant tried to outrage her modesty and from the perusal of the report of the medical examination of the said victim, it transpires that the injury was found to be simple in nature, period of detention of the applicant since 21/07/2025, charge sheet has been filed, applicant has no criminal antecedents and also considering the fact that trial is likely to take some time for its conclusion, 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 and it is directed that the Applicant- Satish Markam, involved in Crime No.265/2025 registered at Police Station Basantpur District Rajnandgaon (C.G) for the offence punishable under Sections 74,118(1),296,351 (2) of Bharatiya Nyaya Sanhita (BNS), 2023, 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
4 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, 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. 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 gouri