1 2025:CGHC:61357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9133 of 2025 Nasir Khan S/o Rajjab Khan Aged About 26 Years Resident of Ganesh Nagar, Nayapara, P.S. Sirgitti, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through-Station House OfÏcer Police Station Sirgitti, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sanjay Kumar Sahu, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.12.2025 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. 450/2025 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Section 126, 74, 76, 351(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that the complainant made a written complaint before the concerned police station alleging that on the date of the incident, i.e. 26.08.2025, the victim was returning from Potri ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.17 11:16:59 +0530 2 Kholi, Police Station Sirgitti, and at that time, the applicant came near her and attempted to outrage the modesty of the victim at an open place. On the basis of the said complaint, the police registered Crime No. 450/2025 against the present applicant for the offences punishable under Sections 126, 74, 76 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that it was not possible to commit the aforesaid offence at an open place, and that the applicant has been implicated without any sufÏcient material. The allegations made against the applicant are totally false and fabricated, as the applicant has neither attempted to outrage the modesty of the complainant nor committed any of the offences alleged by the prosecution. The applicant has been falsely implicated in connection with the present crime without any sufÏcient reason or material. He also submits that the prosecution has concocted a false story and registered the FIR against the applicant on the basis of false and fabricated allegations. The entire case of the prosecution, as reflected in the FIR registered against the applicant, is false and fabricated. He submits that the present applicant has 05 criminal antecedents under the IPC, in 03 cases he has already been acquitted and only 02 cases are pending, copy of the same have also been annexed with the present bail application. He further submits that the victim, in her statement recorded under Section 183 of the BNSS, stated that the present applicant is a friend of her brother and that he has apologized for his act to the victim and her parents, therefore, she has no objection if the applicant is granted bail. In view of the above, learned counsel prays that regular bail be granted to the 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 filed before the competent Court in the present case. She further submits that the applicant attempted to outrage the modesty of the victim at an open place, therefore, he is not entitled to the grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and gravity of offence and further the fact that the victim, in her statement recorded under Section 183 of the BNSS, stated that the present applicant is a friend of her brother and that he has apologized for his act to the victim and her parents, therefore, she has no objection if the applicant is granted bail, moreover, the charge-sheet has already been submitted before the competent Court in the present case and the applicant is in jail since 28.08.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the applicant is entitled to be released on bail in this case. 7. 7. Let applicant, Nasir Khan, involved in Crime No. 450/2025 registered at Police Station : Sirgitti, District – Bilaspur (C.G.) for the offence punishable under Section 126, 74, 76, 351(2) 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 4 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. (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 Abhishek