1 2025:CGHC:453 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8757 of 2024 Omprakash Verma S/o Amarsingh Verma Aged About 48 Years R/o Odan, P.S. - Palari, District- Balodabazar-Bhatapara, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Palari, District- Balodabazar-Bhatapara, C.G. ... Non-Applicant For Applicant : Ms. Ritika Verma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 03/01/2025 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 521/2024, registered at Police Station –Palari, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 74, 79, 115(2) of Bharatiya Nyay Sanhita, 2023. 2 The case of the prosecution, in brief, is that on 01.11.2024 at 2 about 12.30 night, while the victim was burning sparkler in front of her house, at that time, the applicant came there and caught hold her hand and shoulder and took her inside the house with intention to outrage her modesty. The victim raised alarm and his husband and neighbour came there and took away the victim. The victim lodged report at Police Station, Palari, upon which, the allege offences have been registered against the applicant. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. She further submitted that the counter FIR was also lodged from the side of the applicant against the complainant’s party and others and after 18 days the present FIR was lodged and it is submitted that the allegation which has been levelled by the victim who is a married woman having children made a serious allegation for outraging a modesty just to give a serious colour to the incident, further the charge-sheet has been filed and the applicant is in jail since 29.11.2024 and trial is likely to take quite long time for its conclusion, therefore, she prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed in the present case. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant and the fact that the counter FIR was also lodged from the side of the applicant against the complainant’s party and others and after 18 days the present FIR was lodged and further, the allegation which have been levelled by the victim who is a married woman having children made a serious allegation for outraging a modesty just to give a serious colour to the incident, the charge-sheet has been filed and he is in jail since 29.11.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7 Accordingly, the bail application is allowed. Let the applicant - Omprakash Verma, involved in Crime No. 521/2024, registered at Police Station –Palari, District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 74, 79, 115(2) of Bharatiya Nyay Sanhita, 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 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. 4 (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 his 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 his, 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 his in accordance with law. 5 8 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 Preeti