1 2025:CGHC:58366 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9784 of 2025 Sateshwar Pahadi Korwa S/o Baula Pahadi Korwa Aged About 25 Years R/o Village Podikala Police Station Shankargarh District Balrampur- Ramanujganj Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station Shankargarh District Balrampur-Ramanujganj Chhattisgarh. ... Non-applicant For Applicant : Ms. Prachi Diwan, Advocate For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02.12.2025 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. 122/2025 registered at Police Station : Shankargarh District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64, 351(2), 296, 74, 75 and 76 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution's story, in brief, is that the victim lodged a written report at Police Station Shankargarh stating that on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 03.09.2025 at about 2:00 PM, when she had gone to graze bulls and goats towards Gola Dipa Bajaramara forest, the accused, who is her brother by relation, came there and attempted to do wrongful acts with her and also threatened to kill her if she disclosed the incident. She further stated that on 04.09.2025, when she had gone to the market and was returning home with her sister, the accused again approached her, touched her breast, and snatched her chunni. When she demanded her chunni back, the accused refused to return it. She thereafter informed her family members and lodged the FIR against the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the present case. She submits that the victim is a major and both the applicant and the victim are related and belong to the same community. It is submitted that there is an existing land dispute between their families, due to which the applicant has been falsely implicated. It is further submitted that although the alleged incident took place on 03.09.2025, the FIR was lodged after an unexplained delay of four days on 07.09.2025. She also contends that the medical report does not support the prosecution version and that the applicant has not committed any wrongful act with the victim. She further submits that the present applicant is in jail since 08.09.2025 and the conclusion of the trial may take some time, therefore, she prays for grant of regular bail to the present applicant. 3 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. She further submits that the allegations against the applicant are grave in nature and relate to an offence under Section 64 of the B.N.S., which is an exceptional category. It is submitted that the victim has clearly stated in her report that the accused, who is her close relative, attempted to commit wrongful acts upon her in the forest and further threatened to kill her if she disclosed the incident. It is further submitted that on the very next day, the accused again approached the victim, touched her breast, snatched her chunni, and refused to return it, demonstrating a repeated and deliberate act of harassment and intimidation. Considering the seriousness of the offence, the specific allegations, and the threat issued by the accused, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the offence, and the period of detention of the applicant since 08.09.2025, it appears that the allegations made by the victim relate to acts of inappropriate behaviour by the applicant, who is a relative. The alleged incident took place on 03.09.2025, whereas the FIR was lodged after an unexplained delay of four days on 07.09.2025. The victim is a major, and there 4 exists an admitted land dispute between the families of the applicant and the victim, which lends plausibility to the defence of false implication due to prior enmity. The charge-sheet, including the MLC report, indicates that the doctor found no signs of recent intercourse, sexual activity, or injury. Further, the applicant has no criminal antecedent and the charge-sheet has already been filed. In these circumstances, this Court is of the view that the applicant is entitled to be released on bail. 7. Let applicant, Sateshwar Pahadi Korwa, involved in Crime No. 122/2025 registered at Police Station : Shankargarh District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 64, 351(2), 296, 74, 75 and 76 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like amount 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 5 (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 sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan