1 2025:CGHC:55229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8059 of 2025 • Kamal Prasad Shesh S/o Ramakant Shesh Aged About 29 Years R/o Chanadongri, Police Station - Takhatpur, District - Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through - Police Station - Kota, District - Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aakash Singh, Advocate For Respondent/State : Ms. Smriti Shraivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/11/2025 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.529/2025 registered at Police Station-Kota, District- Bilaspur (C.G.), for the offence punishable under Sections 74, 75 (i) (ii) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 24.05.2025 the victim lodged an FIR stating therein on 24.05.2025 near about 12:00 O’clock in the noon the JCB operator with the pretext of whether electricity is running or not the accused with intention to ruin her VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.14 15:57:53 +0530 2 modesty, the accused demanded sexual favour, when the victim refused to do so and tried to shout, the accused put his hand over her mouth. On the basis of said complaint FIR has been lodged against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. He further submits that FIR has been lodged against the unknown person, only on the basis of suspicion, applicant involved in crime in question and there is no Test Identification Parade (TIP) has been conducted and also victim has not taken the name of accused anywhere. Further, applicant has only one criminal antecedent registered at Police Station Baramkela bearing crime No.56 of 2024 for the offence under Section 20(B), which is pending for it’s conclusion. He also submits that the applicant is in jail since 02.06.2025 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. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no previous criminal antecedent. She further submits that as per the statement recorded under Section 183 of BNSS by the victim, on the date of incident i.e., on 24.05.2025, JCB operator with the pretext of whether electricity is running or not came into the house of the victim and the accused with intention to ruin her modesty, the accused demanded sexual favour, when the victim refused to do so and tried to shout, the accused put his hand over her mouth. She further submits that applicant has only one criminal antecedent under the NDPS Act, which is pending for it’s conclusion. 3 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 allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, considering the fact that FIR has been lodged against the unknown person and there is no Test Identification Parade (TIP) has been conducted, further the conclusion of the trial may take some more time, applicant is in jail since 02.06.2025, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Kamal Prasad Shesh, involved in Crime No. Crime No.529/2025 registered at Police Station-Kota, District- Bilaspur (C.G.), for the offence punishable under Sections 74, 75 (i) (ii) of BNS, 2023, be released on bail on their 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 forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali