1 2025:CGHC:51148 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8172 of 2025 Garib Ram Goyal S/o Sunil Goyal Aged About 33 Years R/o Village Pratappur, P.S. Pratappur, District- Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station Pratappur, District- Surajpur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. 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 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. 185/2025 registered at Police Station Pratappur, District- Surajpur (C.G.) for the offence punishable under Sections 296, 351(2), 326(g) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that the complainant Seema Soni became acquainted with the applicant/accused Gareeb Ram Goyal in October 2024 during a visit to Shri Khatu Shyam Temple, Pratappur. Taking advantage of this acquaintance, the accused started visiting her house without consent and followed her and her family members whenever they went out. On 23.07.2025, during the last rites of the complainant’s mother at Arrah, Bihar, the accused also attended the ceremony without informing the family. When the complainant questioned him upon returning to Pratappur, he abused her and her family and threatened to kill them. Whenever the complainant blocked his number, the accused threatened to kill them and to set their house on fire. On 09.08.2025, when the complainant and her family had gone to Ambikapur to celebrate Rakshabandhan, the accused came near her house at around 10.00 p.m., stayed for a few minutes, and then left. When the complainant returned the next morning, she found that the household items were burnt. During the enquiry, it was revealed that the accused climbed onto the roof, poured petrol inside the house through the window, and set it on fire. Based on the complaint, an FIR was registered under Sections 296, 351(2), and 326(g) of the Bharatiya Nyaya Sanhita, 2023, investigation was conducted, and a charge-sheet was filed before the Judicial Magistrate First Class, Pratappur. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence there is no direct evidence to establish that the applicant was actively involved in the said commission of crime, 3 only on the basis of mere suspicion present applicant has been falsely implicated in offence in question. He further submits that the complainant, during her examination, stated that she and the applicant have been known to each other since October 2024. The complainant acknowledged that the applicant had provided her with a certain sum of money, which she has failed to return and lodged a false First Information Report (FIR) against the applicant. Additionally, there is no eyewitness to the alleged incident. The applicant is in jail since 08.09.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that the applicant harassed and threatened the complainant by repeatedly visiting her house without consent and following her, he abused and threatened to kill her and her family members and 09.08.2025, he allegedly climbed onto the roof of her house, poured petrol inside through the window, and set the house on fire, causing damage to her property, therefore, he is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant 4 since 08.09.2025, the fact that though the applicant allegedly climbed onto the roof of her house, poured petrol inside through the window, and set the house on fire, causing damage to her property, but he has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. 7. Accordingly, the application is allowed. 8. Let the Applicant-Garib Ram Goyal, involved in Crime No. 185/2025 registered at Police Station Pratappur, District- Surajpur (C.G.) for the offence punishable under Sections 296, 351(2), 326(g) of Bharatiya Nyaya Sanhita, 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. (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 5 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. 9. 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 Akhil