1 2025:CGHC:51743 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8366 of 2025 Rana Praveen Gajbhiye S/o Om Prakash Gajbhiye Aged About 42 Years R/o Ward No.11, Shanti Nagar, Chikhli, Thana- Chikhli, Tahsil And District- Rajnandgaon(C.G.) ... Applicant versus State Of Chhattisgarh Through- The Police Station Deori, District- Rajnandgaon (C.G.) ... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 1. This 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.72/2025 registered at Police Station – Deori District - Balod (C.G.), for the offences punishable under Sections 74, 126(2), 79, 308(4), 351(3) of BNS. 2. as per the case of the prosecution, the victim lodged the report at P.S. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:42 +0530 2 Deori with the averment that, earlier she had lodged the report against the applicant at P.S. Lalbag, Distt. Rajnandgaon in which he was sent to jail and after coming out of jail he started harassing the victim and on the date of incident while the victim was travelling from Pasaud to Marri in a motorcycle with her husband the applicant stopped them and tried to outrage her modesty and also sent some letters at the office of victim so on the basis of the said report the police of police station Deori registered the offence and after completion of investigation filed the chargesheet. 3. Learned counsel for the applicant respectfully submits that the applicant is innocent and has been falsely implicated in the present case. The victim has lodged the instant FIR solely to harass the applicant, as he was earlier released on bail by this Hon’ble Court in the same matter. A copy of the bail order dated 27.03.2025 passed in MCRC No. 2451/2025 is filed and marked as Annexure A-2. It is practically impossible for anyone to commit the alleged offence in broad daylight, particularly when the victim was traveling with her husband; the FIR appears to have been lodged only to create harassment. Further, it is evident that the victim is deliberately not appearing before the trial court in Rajnandgaon in Sessions Case No. 37/2025 pending before the Additional Sessions Judge (FTC), Rajnandgaon, and a bailable warrant has been issued against the victim. A copy of the order sheet is filed and marked as Annexure A-3. The applicant is the sole earning member of his family, and prolonged detention would adversely affect both his mental health and the financial condition of his family. The investigation in the present case has been completed, and the charge sheet has already been filed and 3 the applicant is in jail since16.06.2025 therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State Counsel opposed the bail application of the present applicant and submitted that the charge sheet has been filed before the competent Court and that the applicant has one criminal antecedents therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, and the material available on record, it is noted that the FIR appears to have been lodged primarily to harass the applicant, who was earlier granted bail by this Hon’ble Court in MCRC No. 2451/2025 dated 27.03.2025, the fact that the charge sheet has been submitted before the competent Court, and the applicant has been in jail since 16.06.2025, and that the trial is likely to take some time for its conclusion, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant – Rana Praveen Gajbhiye, involved in CCrime No.72/2025 registered at Police Station – Deori District - Balod (C.G.), for the offences punishable under Sections 74, 126(2), 79, 308(4), 351(3) of BNS., be released on bail on furnishing personal bond with two local 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 they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in 4 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 their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav