1 2025:CGHC:12101 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1284 of 2025 Amar Singh Raj S/o Jhakhar Singh Raj, Aged About 29 Years, R/o Village Chhote Rabeli, Tahsil and Police Station Malkharouda, District Sakti, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Chouki- Faguram, Police Station Dabhara, District Sakti, Chhattisgarh. ... Non-applicant For Applicant : Mr. Amitesh Kumar Pandey, Advocate. For Non-Applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.03.2025 1. This is the third bail application of the applicant. His earlier two bail applications have been dismissed by co-ordinate Bench of this Court and the case has been listed before this Court after nomination from the Hon’ble Chief Justice. 2. This is the third bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 158/2024 registered at Police Chouki- Faguram, Police Station - Dabhara, District - Sakti PREETI KUMARI Digitally signed by PREETI KUMARI 2 (C.G.) for the offences punishable under Sections 354, 354(A), 354(D), 341, 509, 509(A) and 456 of Indian Penal Code. 3. This is the second bail application. Earlier two bail applications were dismissed on merits. 4. Case of the prosecution, in brief, is that the victim lodged a report on 16.03.2024 alleging the applicant continuously misbehaved with her and tried to outrage her modesty on many occasions. Due to aforementioned illegal act of applicant, she has changed her resident from one village to another, however, the applicant also came there and made an attempt to outrage her modesty. Based on the report, aforementioned crime was registered and applicant was arrested on 15.04.2024 5. It has been argued by learned counsel for the applicant that the applicant is innocent and falsely implicated in this case. It is further submitted by the learned counsel for the applicant that this is the third bail application of the applicant. His earlier two bail application were dismissed on merits. He further submitted that out of 09 prosecution witnesses, statement of 03 prosecution witnesses including the victim/complainant have been examined and he is languishing in jail since 15.04.2024 and trial has not yet concluded. Further, the charge-sheet has already been filed and the applicant has no criminal antecedents. Therefore, he prays for grant of regular bail to the applicant. 6. On the other hand, learned counsel appearing for the State/non-applicant opposes the bail application and submits that the charge-sheet has already been filed. 7. I have heard learned counsel appearing for the parties and perused the case diary. 3 8. Taking into consideration the facts and circumstances of the case and the fact that this is the third bail application of the applicant, his earlier two bail application was dismissed on merits, further the fact that out of 09 prosecution witnesses, statement of 03 prosecution witnesses including the victim/complainant have been examined and the applicant is languishing in jail since 15.04.2024 and trial has not yet concluded. Further, the charge-sheet has already been filed and the applicant has no criminal antecedents, this Court is of the view that the applicant is entitled to be released on bail in this case 9. Accordingly, the third bail application of the applicant is allowed. Let the applicant - Amar Singh Raj, involved in Crime No. 158/2024 registered at Police Chouki- Faguram, Police Station - Dabhara, District - Sakti (C.G.) for the offences punishable under Sections 354, 354(A), 354(D), 341, 509, 509(A) and 456 of Indian Penal Code, be released on bail on their furnishing personal bond with two heavy sureties, out of which one of the them should be a family member 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 sufÏcient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation 4 under Section 82 Cr.P.C. 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 174-A of the Indian Penal Code. (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 313 Cr.P.C. If in the opinion of the trial court absence of the applicants are 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 them in accordance with law. 10. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of four months from the date of receipt of this order in accordance with law, if there is no legal impediment. 11. 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 Preeti