1 2025:CGHC:59318 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9675 of 2025 Balram Mongre S/o Shital Mongre Aged About 23 Years Resident Of Ward No.13 Muktaraja, Nagar, Panchayat Baradwar, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station, Baradwar, District – Sakti (C.G.) ... Non-applicant For Applicant : Mr. Anchal Kumar Matre, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 202/2025, registered at Police Station Baradwar, District – Sakti (C.G.) for the offence punishable under Section 331(4), 74, 75, 351(3) and 115(2) of the BNS. 2. The prosecution story, in brief, is that the prosecution's case is that the complainant filed a written complaint stating that on 03.08.2025, at 8:00 p.m., she had dinner and went to sleep in her room. At approximately 11:30 p.m., her brother, Gopal, went out to urinate. At that time, the applicant, naked, entered the house and lay down on her, forcibly restraining her hands and arms. When she screamed, the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant gagged her mouth and slapped her on the right cheek. When she screamed louder, applicant fled the house. Thus, the applicant of entering the victim house at night, restraining her hands and arms, and sexually assaulting her. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 20 years and there was a disputed between the parties, and as the the statement recorded under Section 183 of BNSS, the only allegation levelled against the applicant is that he entered into the house of the victim and tried to outrage her modesty by caught holding her hands. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 04.08.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that as per statement recorded under Section 183 of BNSS the applicant is that he entered into the house of the victim and tried to outrage her modesty by caught holding her hands. Therefore, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant and period of detention in jail, further the fact that the victim is a major girl aged about 20 years and there was a disputed between the parties, and as 3 the the statement recorded under Section 183 of BNSS, the only allegation levelled against the applicant is that he entered into the house of the victim and tried to outrage her modesty by caught holding her hands, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 04.08.2025 and the conclusion of the trial is likely to take quite long time, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let applicant - Balram Mongre involved in Crime No. 202/2025, registered at Police Station Baradwar, District – Sakti (C.G.) for the offence punishable under Section 331(4), 74, 75, 351(3) and 115(2) of the BNS, 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 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, 4 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar