1 2025:CGHC:51159 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8153 of 2025 Chandra Bhushan Son Of Hemchanran Chandra Aged About 47 Years Resident Of Singhra, Police Station Malkharauda, District - Sakti, Chhattisgarh. ... Applicant Versus State Of Chhattisgarh Through The District Magistrate, Sakti, District - Sakti, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Ishwar Jaiswal, Advocate For Non-Applicant : Mr. Hariom Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 14.10.2025 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 has been arrested in connection with Crime No. 154/2025 registered at Police Station – Malkharauda, District – Sakti (C.G.), for the offence punishable under Sections 74, 331 (4), 351 (2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's case is that, the complainant/victim lodged a written report at the Malkharauda Police Station, alleging that on 25.07.2025, at around 09:30 pm, when the complainant/victim was sleeping in house, the applicant entered her house, entered her room and tried to outrage her modesty. Subsequently, the complainant/victim shouted and her father-in-law came and saw the applicant fleeing away from the place of incident. In the SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 meanwhile, the applicant threatened the complainant/victim not to inform about the incident to anyone. Based on the complainant's report, an offense under Sections 74, 331 (4), 351 (2) of the Bhartiya Nyaya Sanhita, 2023 was registered, and during the investigation, the applicant was arrested on 15.09.2025. 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 submits that the complainant/victim is a married lady and there is no such material available in the charge-sheet to support the case of prosecution. He contended that it is only the father-in-law of the complainant who saw the applicant in her house. However, he submits that complainant/victim has been examined before the learned Trial Court under Section 183 of the BNSS, 2023 and she has not supported the case of prosecution. In support of his contention, he has produced the copy of the statement of victim recorded under Section 183 of the BNSS, 2023 for perusal of this Court. Applicant is in jail since 15.09.2025, conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the 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. However, she do not dispute the submission of counsel for the applicant that the victim has been examined before the learned Trial Court and she has not supported the case of prosecution. However, she submits that the statement of victim recorded under Section 183 of the BNSS, 2023 is subject matter of appreciation by the learned Trial Court. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and further the fact that the applicant has no criminal antecedents. Moreover, the charge-sheet has 3 already been submitted before the competent Court in the present case and statement of victim is already recorded before the learned Trial Court under Section 183 of the BNSS, 2023 wherein, she has not supported the case of prosecution, the applicant is in jail since 15.09.2025, conclusion of the trial may takes some more time. Therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant – Chandra Bhushan, involved in Crime No. 154/2025 registered at Police Station - Malkharauda, District – Sakti (C.G.), for the offence punishable under Sections 74, 331 (4), 351 (2) of the Bhartiya Nyaya 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 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 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Dey