1 2025:CGHC:51524 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8277 of 2025 Aman Bhaumik S/o Sanjay Kumar Bhaumik Aged About 22 Years R/o Village Hanfa, P.S. Sakri District- Bilaspur Chhattisgarh . .. Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sakri District- Bilaspur (C.G.) ... Respondent For Applicant : Shri Pawan Kumar Kashyap, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/10/2025 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.641/2025 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2) of B.N.S. 2023 and section 4 and 5 of Chhattisgarh Tonahi Pratarana Adhiniyam. 2. Case of the prosecution, is brief, is that on 03.09.2025, the complainant Smt. Sati Kannouje, wife of Jawahar, lodged a report GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.16 10:51:26 +0530 2 stating that she was alone at her house when, at about 5:30 PM, applicant Aman Bhaumik, who resides near her house, came near her residence and started abusing her with obscene language referring to her mother and sister, and threatened to kill her. When the complainant came out of the house, applicant again started hurling obscene abuses. When she objected to the abuses, Aman told her that she is a witch (“tonahi”) and that she performs black magic at his house, due to which he and his family remain troubled. He further threatened to kill her, threw stones at the door of her house, and continued abusing her obscenely, calling her a witch and mentally harassing her. Based on this report, a case was registered and taken up for investigation. Upon recording the statements of the complainant and witnesses, and inspecting the place of incident, sufficient evidence was found against the accused Aman Bhaumik, and accordingly, the accused was arrested. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity with the complainant regarding allegations of Tonahi (witchcraft) and the applicant has neither used any obscene language nor issued threats to the complainant as alleged in the FIR. He would submit that the FIR was registered merely on the basis of suspicion and without sufficient material or evidence against the applicant and no incriminating article has been seized from him. He would submit that the charge sheet has 3 been filed in this case, applicant is in jail since 04/09/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court and the applicant has six criminal antecedents which has been explained in para 4A of the bail application. 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 of allegation levelled against the applicant, period of detention of the applicant since 04/09/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant- Aman Bhaumik, involved in Crime No.641/2025 registered at Police Station Sakri, District Bilaspur (C.G.) for the offence punishable under Sections 296, 351(2) of B.N.S. 2023 and section 4 and 5 of Chhattisgarh Tonahi Pratarana Adhiniyam, 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 4 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 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri