1 2025:CGHC:61071 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10329 of 2025 Karu Paswan S/o Shri Lakhan Paswan Aged About 34 Years R/o Village Pathra, Thana Dumariya, Distt. Gaya (Bihar), Present Add. Village Kejang, Bayanar, Kondagaon, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S. Kondagaon, Distt. Kondagaon, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Shreyansh Pathak, Advocate. For Respondent(s) : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/12/2025 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. 319/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Kondagaon, Distt. Kondagaon (C.G.) for the offence punishable under Sections 74, 331(4), 64(k) of BNS. 2. Case of the prosecution, in brief, is that on 19.09.2025 the victim had come as a guest to her elder uncle’s house in village Chamai. At the relevant time, she was alone at home. Taking advantage of the situation, the applicant/accused Kaaru Paswan allegedly entered the house stealthily at around 9:00 P.M.. and forcibly assaulted the victim, who is stated to be differently abled. The accused allegedly tried to outrage the modesty of the victim, and on hearing the victim’s screams and noticing the neighbors approaching, the accused fled from the spot. Thereafter, the victim informed her brother and sister-in-law and lodged a written complaint at Police Station Kondagaon. On the basis of the complaint, an offence was registered and, upon completion of investigation and collection of evidence, a charge-sheet was filed against the accused before the competent court. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question, as the applicant was engaged in the work of installing tap-water connections in the village under the “Nal Jal Yojana.” Due to a dispute concerning the installation of a tap connection at the house of the victim’s brother, animosity developed between the applicant and the said brother. Owing to 3 this dispute, a false and motivated complaint has been lodged against the applicant, clearly reflecting mala fide intention and an ulterior motive behind the institution of the present case. The applicant is in jail since 20.09.2025, the applicant has no criminal antecedents, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. She further submits that the applicant allegedly, while present in the village in connection with work under the Nal Jal Yojana, is accused of having unlawfully entered the house of the victim and subjected her to acts of outraging her modesty, thereby committing serious offences under the relevant provisions of law. Therefore, the applicant is not entitled for grant of bail. 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, nature and gravity of offence, period of detention of the applicant since 20.09.2025, the fact that though the victim in her statement recorded under Section 183 of BNSS, stated that the applicant allegedly, while present in the village in connection with work under the Nal Jal Yojana, is accused of having unlawfully entered the house of the victim and subjected her to acts of outraging her 4 modesty, but considering the fact that due to a dispute concerning the said installation of a tap connection at the house of the victim’s brother, animosity developed between the applicant and the victim’s brother, on account of which, present FIR has been lodged by the victim leveling wild allegations against the applicant, however, the said allegations are not corroborated by any medical evidence on record, further the applicant has no criminal antecedent and charge-sheet has been filed, as such, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Karu Paswan, involved in Crime No. 319/2025 registered at Police Station Kondagaon, Distt. Kondagaon (C.G.) for the offence punishable under Sections 74, 331(4), 64(k) of 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 5 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 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. 9. 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 Akhil