1 2025:CGHC:52311 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6776 of 2025 Tarachand Chauhan S/o Shivprasad Chauhan Aged About 24 Years R/o Village Salar Police Station- Sarangarh, Chouki Kanakbira, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Sarangarh, Chouki Kanakbira, District : Sarangarh-Bilaigarh, Chhattisgarh ... Non-applicant For Applicant : Mr. Vikram Pratap, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.10.2025 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. 548/2024 registered at Police Station : Sarangarh Chowki Kanakbira District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 74, 76, 332(ग) and 115(2) of the Bhartiya Nyaya 2 Sanhita, 2023. 2. The prosecution case is that On 16.07.2024 at about 10:00 PM night, the complainant alleged that her neighbor the present applicant forcibly entered her house and started abused her and with intent to outrage her modesty, caught her by the neck and pressed her chest. When she resisted, he tore her clothes and caught her hand. At that moment, her daughter-in-law Rukhmani Nayak and daughter Tanuja Nayak intervened to rescue her. While pushing the accused away, he fell on a wooden cot (patta) and sustained a head injury, after which he fled and On the basis of said information the FIR has been lodged against the applicant bearing crime no. 548/2025 u/s 296,74,76,332 (ग) and 115(2) of B.N.S. 3. Learned counsel fo rthe applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. The prosecution has framed a false and concocted story against the applicant. The applicant has not acted in any manner as alleged by the prosecution and has neither committed nor participated in any act which may constitute any of the offences mentioned above. The applicant has been in judicial custody since 17.07.2024. It is further submitted that the statement of the victim was recorded on 23.09.2025, and a copy of the deposition has been annexed with the covering memo. Out of eight listed witnesses, only one witness has been examined so far, indicating that the trial is likely to take considerable time to conclude. Therefore, considering the prolonged detention of the applicant, it is humbly prayed that this Hon’ble Court may kindly be pleased to grant regular bail to the applicant. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that 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. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court and the applicant has been in jail since 17.07.2024, and also that the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let applicant, Tarachand Chauhan involved in Crime No. 548/2024 registered at Police Station : Sarangarh Chowki Kanakbira District – Sarangarh-Bilaigarh (C.G.) for the offence punishable under Sections 296, 74, 76, 332(ग) and 115(2) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two 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 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavor to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 9. 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 vaibhav