1 2025:CGHC:108 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8942 of 2024 Dinesh Kumar Yadav S/o Late Shri Kripa Ram Yadav Aged About 30 Years R/o Village Khairjhiti, Thana-Tumgaon, Tahsil and District- Mahasamund, District : Mahasamund, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S.H.O., P.S. Tumgaon, District- Mahasamund, District : Mahasamund, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant : Mr. S.S. Baghel, Deputy Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 152/2024, registered at Police Station : Tumgaon, District - Mahasamund, (C.G.) for the offence punishable under Sections 74, 78, 79, 351(3), 296 of Bhartiya Nyay Sanhita, 2023. 2. The case of the prosecution, in brief, is that the victim/complainant, aged about 26 years, lodged a written report stating that at around 2 5:30 PM, while she was traveling from Mahasamund to Malidih on a public transport bus, the accused boarded the bus at Tumgaon, sat near her, attempted to outrage her modesty, and used obscene language. Based on her written report, the aforementioned offense was registered, and after the completion of the investigation, a charge-sheet was filed. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that despite the fact that they have known each other for a long time. Since 2018, they had been studying together at a coaching center, and on several occasions, the applicant dropped her at her village on his motorcycle. From 2018 to 2023, they maintained a cordial relationship. However, a dispute arose after the complainant secured a job while the applicant remained unemployed. On September 30, 2024, when they met, a heated argument took place. He further submits that the victim/complainant alleges that the incident took place on a public transport bus. However, it is improbable for anyone to outrage the modesty of a girl in the presence of other passengers. He also submits that due to an old dispute, when the victim saw the applicant on the same bus, she called Dial 112 and falsely implicated him in the case. When the applicant appeared at the police station, he protested, stating that no such incident had occurred in the bus. He further submits that the charge-sheet has been filed in this case and the present applicant has no previous criminal antecedents. He also submits that the present applicant 3 has been in jail since 30.09.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the victim/complainant, stating that at around 5:30 PM, while she was traveling from Mahasamund to Malidih on a public transport bus, the accused boarded the bus at Tumgaon, sat near her, attempted to outrage her modesty, and used obscene language, therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and they have known each other for a long time. Since 2018, they had been studying together at a coaching center, from 2018 to 2023, they maintained a cordial relationship, the charge sheet has been submitted before the competent Court and he has no previous criminal antecedents and the applicant is in jail since 30.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this first bail application. 7. Let applicant, Dinesh Kumar Yadav, involved in Crime No. 152/2024, registered at Police Station : Tumgaon, District - 4 Mahasamund, (C.G.) for the offence punishable under Sections 74, 78, 79, 351(3), 296 of Bhartiya Nyay Sanhita, 2023, be released on bail on furnishing 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 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan