1 2025:CGHC:51252 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7291 of 2025 Balram Kant Sahu S/o Late Feruram Sahu Aged About 41 Years R/o Village Tumgaon, Ps Tumgaon, Tehsil And District - Mahasamund Chhattisgarh ...Applicant Versus State Of Chhattisgarh Through PS - Tumgaon, District - Mahasamund Chhattisgarh … Non-applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon’ble Shri 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 who has been arrested in connection with Crime No. 175/2025 registered at Police Station – Tumgaon District - Mahasamund (C.G.) for the offence punishable under Sections 74,75(2), 296, 351(3) of the BNS 2023. 2. The case of the prosecution, in brief, is that on 30.08.2025, the complainant has lodged a complaint to the effect that on 29.08.2025 at VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.15 11:28:59 +0530 2 about 10:00 AM she was standing near Highway road NH-53 infront of her friend's house along with her other friends where the accused came in his car and approached the complainant to come along with him on which she agreed and demanded money from the accused. It is the story of the prosecution that the complainant asked the accused about the whereabouts where the accused wanted to take her but he did not disclose the same and then started abusing the complainant and kept approaching. It was further alleged in the complaint of complainant that the accused threatened her and then pulled her right hand with intend to outrage her modesty on which her friends interfered and set her free and thereafter the accused left with abusing the complainant and her friends. On the aforesaid complaint of the complainant, the police of PS Tumgaon have arrested the applicant/accused on 30.08.2025. 3. Learned counsel for the applicant submits that the present applicant is not involved in any alleged offence and has been falsely implicated with mala fide intention and personal vendetta to settle scores. The applicant, who is the President of Nagar Panchayat Tumgaon, Mahasamund, had on 29.08.2025, along with other councillors, made an official complaint to the SHO, Tumgaon, regarding illegal activities such as liquor sale and prostitution being carried out by certain anti- social elements in the area. Subsequently, the present false offence was registered against him to malign his image and pressurize him into withdrawing his complaint. A copy of the said complaint dated 29.08.2025 is annexed. The FIR itself reveals that the complainant was engaged in illegal prostitution activities, which adversely affected the general public, including minors, in the locality. As a responsible 3 representative of the people, the applicant was performing his lawful duty to maintain order and safeguard the interests of the residents. The anti-social elements, in retaliation, have fabricated a false case against him and the applicant is in jail since 30.08.2025 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 appearing for the State/non-applicant opposes the bail application and submits that in the present case, the charge-sheet has already been filed before the competent Court. She further contends that the applicant has 17 criminal antecedents and, therefore, is not entitled to the grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the overall facts and circumstances of the case and the nature and gravity of the allegations leveled against the applicant, the applicant is stated to have certain criminal antecedents, the said cases are old and stale in nature, and the charge-sheet has already been filed before the competent Court. The applicant has remained in judicial custody since 30.08.2025, and as the conclusion of the trial may take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in this case. 7. Let the applicant - Balram Kant Sahu, involved in Crime No. 175/2025 registered at Police Station – Tumgaon District - Mahasamund (C.G.) for the offence punishable under Sections 74,75(2), 296, 351(3) of the BNS 2023, be released on bail on his furnishing a personal bond with two local sureties in the like sum to 4 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 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. 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 vaibhav