1 2025:CGHC:56458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8536 of 2025 Suraj Chouhan @ Dadu S/o Late Sawan Sai Chouhan Aged About 26 Years R/o Quarter No. M-436, Ompur Colony, Rajgamar, Korba, Tehsil And District Korba C.G. ... Applicant versus State Of Chhattisgarh Through - S.H.O. Out-Post- Rajgamar, P.S.- Balco Nagar, District Korba C.G. ... Respondent For Applicant : Shri Pawan Shrivastava, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/11/2025 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.367/2025 registered at Police Station Balco Nagar, District Korba GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.11.20 18:26:42 +0530 2 C.G. for the offence punishable under Sections 74, 64 (1) of B.N.S. (As per Charge Sheet). 2. Case of the prosecution, in brief, is that the prosecutrix filed written complaint and alleged that on 03.06.2025 at 12 noon, applicant allured her and taken her to in room of her mother-in-law and there tried to outraged the modesty of prosecutrix. Therefore, on the basis of report offence was registered u/s 74 of B.N.S and later on offence under section 64 (1) of B.N.S has also added during investigation and the applicant/accused has been arrested on 05.06.2025 and since he is in jail. 3. Learned counsel for the applicant submitted that the applicant has been falsely implicated in this present case as the applicant was witness in the criminal case which was lodged against the brother-in- law of the victim and it is stated that in the said case, the brother -in- law of the victim has already been convicted, in the said criminal case applicant has deposed as PW-4 and because of the said reason applicant has been implicated in the present case. He would submit the applicant has three criminal antecedents, in which he has been acquitted, charge sheet has been filed in this case, the applicant is in jail since 5/06/2025 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. She would submit that the applicant has three criminal antecedents which has been explained in para 4(a) of the bail application. 3 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, submission of learned counsel for the parties, perused the statement of the victim under section 183 BNSS, nature of allegation levelled against the applicant, further the fact that the applicant has three criminal antecedents, in which he has been acquitted, period of detention of the applicant since 5/06/2025, 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- Suraj Chouhan @ Dadu, involved in Crime No.367/2025 registered at Police Station Balco Nagar, District Korba C.G. for the offence punishable under Sections 74, 64 (1) of B.N.S., 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 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 4 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