1 2025:CGHC:54242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7303 of 2025 Mohammad Jafar @ Jani S/o Subhan Aged About 37 Years R/o Camp-2, Bhiali, Tahsil And District Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House O)cer, Police Station- Chhawni, District – Durg, C.G. ... Non-applicant For Applicant : Mr. B.P. Singh, Advocate. For Non-applicant/State : Mr. Saumya Rai, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 06.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 423/2025, registered at Police Station Chhawni, District – Durg (C.G.) for the o:ence punishable under Section 75 and 331(3) of the BNS. 2. The prosecution story, in brief, is that 10.08.2025 the victim lodged report at Police Station concerned that on 10.08.2025 the applicant entered into the house of the victim from back door and caught hold her and tried to outrage her modesty by kissing her, simultaneously, the son of sister-in- RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 law of the victim came there and thereafter the complainant ran outside the house and narrated the incident to her maternal grandmother-in-law and thereafter the applicant ;ed away from the house. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that there was some previous animosity between the applicant and the victim, on account of which she has lodged the FIR against the applicant. It is also submitted that the charge-sheet has been =led in this case. The applicant is in jail since 11.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been =led in the present case. It is further submitted that as per the statement of the victim recorded under Section 183 of BNSS, the applicant by entering the house of the victim has tried to outrage her modesty by kissing her. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that there was some previous animosity between the applicant and the victim, on account of which she has lodged the FIR against the applicant, also the fact that the charge-sheet has been =led in the present case, the applicant is in jail since 11.08.2025 and the 3 conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Mohammad Jafar @ Jani involved in Crime No. 423/2025, registered at Police Station Chhawni, District – Durg (C.G.) for the o:ence punishable under Section 75 and 331(3) of the BNS, 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 =le an undertaking to the e:ect that he shall not seek any adjournment on the dates =xed 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 =xed, either personally or through his counsel. In case of his absence, without su)cient 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 =xed 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 =xed 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 4 or without su)cient 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 earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of passing of this order, if there is no legal impediment. 9. O)ce is directed to send a certi=ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar