1 2025:CGHC:7334 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1174 of 2025 Madan Singh Choudhary S/o Nanuram Choudhary Aged About 35 Years R/o Ringas, District- Sikar (Rajasthan), At Present R/o Shivanand Nagar, Behind Agrawal Fataka Dukan, In The House of Apparao, P.S.- Khamtrai, District- (Revenue And Civil)- Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Khamtrai, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Yogesh Pandey, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10.02.2025 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. 907/2024, registered at Police Station Khamtrai, District – Raipur (C.G.) for the offence punishable under Section 74, 332-B, 64, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the victim lodged a written report on 25.11.2024 before Police Station concerned by stating that the complainant is working under the applicant and 10 days before the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.10 19:06:29 +0530 2 applicant tried to outrage her modesty and on 23.11.2024 when she went to her house to take lunch at that moment applicant forcibly entered into her house and committed forcibly sexual intercourse with her, she informed the whole incident to her husband and later on she lodged written report before the Police Station. On the basis of the above Police arrested the applicant. 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 and married lady aged about 30 years and the victim was working under the applicant and because of some dispute arose between both of them the present FIR has been lodged. It is also submitted that the charge-sheet has been filed in this case. The applicant is in jail since 09.12.2024 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 the victim lodged a written report on 25.11.2024 before Police Station concerned by stating that the complainant is working under the applicant and 10 days before the applicant tried to outrage her modesty and on 23.11.2024 when she went to her house to take lunch at that moment applicant forcibly entered into her house and committed forcibly sexual intercourse with her, she informed the whole incident to her husband and later on she lodged written report before the Police Station. Therefore, the applicant is not entitled for grant of regular bail. 3 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 and married lady aged about 30 years and the victim was working under the applicant and because of some dispute arose between both of them the present FIR has been lodged, also the fact that the charge-sheet has been filed in the present case, the applicant is in jail since 09.12.2024 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 - Madan Singh Choudhary involved in Crime No. 907/2024, registered at Police Station Khamtrai, District – Raipur (C.G.) for the offence punishable under Section 74, 332-B, 64, 351(3) 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 sufÏcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. 4 (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 sufÏcient 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. 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 Rajshekhar