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2025:CGHC:61895
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9841 of 2025 Raghuveer Kashyap S/o Ramnath Kashyap Aged About 30 Years R/o Village - Avarid, Police Station - Nawagarh, District - Janjgir-Champa (C.G.)
... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Station - Nawagarh, District - Janjgir-Champa (C.G.)
... Respondent For Applicant : Mr. Paras Mani Shriwas, Advocate For State /Respondent : Ms. Sunita Manikpuri, Dy. GA
(Hon’ble Shri Justice Arvind Kumar Verma)
Order on Board 19/12/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Shuraksha Sanhita for grant of regular bail to the applicant who has been arrested on 07/09/2025 in connection with Crime No. 377/2025, registered at Police Station Nawagarh, District Janjgir- Champa C.G. for the offence punishable under Sections 79, 332 (2) of the B.N.S., Section 12 of the Protection of Children from Sexual ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2025.12.22 11:04:11 +0530
2 / 4 Offences Act, 2012 and Section 3 (2) (5-A) & 3 (1) (R) (S) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act,
1989.
2. The case of the prosecution in brief is that on 05/09/2025 at about 4.00 PM when the victim was alone in her house at that time the applicant entered in the house and tried to outrage the modesty of the prosecutrix and the victim pushed the applicant and went to the agricultural field to inform her parents about the incident. Thereafter, the report was lodged and the present applicant was arrested.
3.
Learned counsel for the applicant would submit that the false FIR has been registered on account of some dispute between the applicant and the father of the victim regarding consuming liquor. He would next contend that the victim and her father have not supported the case of the prosecution. He would lastly contend that the applicant has been lodged in jail since 07/09/2025 and it will take some more time to conclude the trial, therefore, the applicant may be enlarged on bail. 4. Per contra, learned State counsel opposes the prayer for grant of bail. 5. The victim along with her father appeared through VC from DLSA Janjgir and they recorded their no objection for grant of bail to the applicant. 6. I have heard learned counsel for the parties and perused the documents. 7. Perusal of the documents would show that it is a case of molestation coupled with the fact that the complainant and the victim have turned hostile and have given their no objection for grant of bail. Considering the same and the detention period of the applicant as he is in jail since
3 / 4 07/09/2025, I am inclined to release the applicant on bail. Accordingly, the bail application is allowed. 8. Let applicant Raghuveer Kashyap, involved in Crime No.377/2025, under Sections 79, 332 (2) of the B.N.S., Sections 12 of the Protection of Children from Sexual Offences Act, 2012 and Section 3 (2) (5-A) & 3 (1) (R) (S) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, police station Nawagarh, District Janjgir-Champa C.G., be released on bail on his furnishing a personal bond with one surety in 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 their counsel. In case of his absence, without sufficient cause, the trial Court may proceed against them under Section 269 of Bhartiya Nyay Sanhita, 2023.
(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, 2023 is issued and the applicant fails to
4 / 4 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 Bhartiya Nyay Sanhita, 2023. (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 2023. 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 them in accordance with law. 9. Office is directed to sent a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. SD/- (Arvind Kumar Verma)
JUDGE ashu