1 2025:CGHC:52560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7322 of 2025 Suraj Kumar Densil S/o Kushwa Ram Densil Aged About 25 Years Caste Satnami, R/o Village Sonthi, Tahsil And Police Station Sakti, District : Sakti, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sakti, District : Sakti, Chhattisgarh ... Respondent For Applicant : Shri Dharmesh Srivastava, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/10/2025 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.295/2025 registered at Police Station Sakti, District - Sakti for the offence punishable under Sections 74, 75, 331(4), 3(5) of Bharatiya Nyaya Sanhita, 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.30 10:51:14 +0530 2 2. Case of the prosecution, in brief, is that a first information report was registered at police station Sakti, bearing registration no. 295/2025 under section 74, 331(3) of Bhartiya Nyaya Sanhita, 2023. It is alleged, as per prosecution story that on 22.08.2025 when the prosectrix was alone in the house, then only the present applicant and co-accused i.e. juvenile, conflict with law entered into the house and with intend to outrage the modesty of a women, caught hold her hand and reside obscene words and demanded for making physical relationship and she was further threatened to implicate her husband by keeping liquor in her house. During course of investigation it was found by the police that the accused persons entered into the house of the prosecutrix between sunset to sunrise and therefore section 331(4) was placed in place of 331(3) and section 75 of Bhartiya Nyaya Sanhita was also inserted. 3. Learned counsel for the applicant submitted that the applicant along with co-accused who was a juvenile has been involved in the present case and as per 183 BNSS statement of the victim though allegation of outraging the modesty has been levelled against the applicant and the said co-accused who was juvenile, it is submitted that the husband of the victim was in jail in a criminal case and the applicant had accompanied the victim in jail on account of which it was suspected that the victim and the applicant had some relationship and just to escape from the said insult, present FIR has been lodged against the applicant and the co-accused. He would submit that the applicant is in jail since 23/08/2025 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. 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, nature of allegation levelled against the applicant, period of detention of the applicant since 23/08/2025 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- Suraj Kumar Densil, involved in Crime No.295/2025 registered at Police Station Sakti, District - Sakti for the offence punishable under Sections 74, 75, 331(4), 3(5) of Bharatiya Nyaya 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. (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. 4 (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