1 2025:CGHC:13173 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1438 of 2025 Preetam Das S/o Shri Mahettar Das Aged About 34 Years R/o Chhal Road Ward No. 5, Gharghoda, Dist- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House OfÏcer, Police Station Gharghoda, District – Raigarh (C.G.) ---- Non-applicant For Applicant : Mr. Rajendra Patel, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.03.2025 1. This is the First bail application filed under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant arrested in connection with Crime No. 04/2025 registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 74, 75, 331(2), and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. Case of the prosecution, in brief, is that the complainant/victim has lodged the report at Police Station concerned that on 04.01.2025 at night she went to sleep after having dinner at that time someone knocked the door, when she opened the door it was applicant and he RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 tried to outrage her modesty and beaten her so on the basis of the said report the Police registered the offence and arrested the applicant. Hence, this application. 3. Learned counsel appearing for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the charge-sheet has been submitted in this case. It is further submitted that so far as the criminal antecedents of the applicant are concerned, a total of 8 antecedents under the IPC, one is pending, two cases have been ended in acquittal, and the records of the rest cases are not found. The applicant is in jail since 21.01.2025, and the conclusion of the trial shall take quite long time. Therefore, he prays for grant of bail. 4. On the other hand, learned State counsel, opposes the bail application and submits that the applicant had forcibly entered the house of the victim who was a young girl aged about 18 years old, and the applicant had tried to outrage her modesty and further she was also beaten on her ears by the applicant, and she was received injuries on her face and ears, and further the applicant has 8 criminal antecedents under the IPC and 14 cases of Ishtagasha. As such, the bail application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and also considering the fact that the charge-sheet has been filed in the present case, and from the perusal of the case-diary, it transpires that the applicant had forcibly entered the house of the victim who was a 3 young girl aged about 18 years old, and the applicant had tried to outrage her modesty and further she was also beaten on her ears by the applicant, and she was received injuries on her face and ears, and further the applicant has 8 criminal antecedents under the IPC and 14 cases of Ishtagasha, he is a habitual offender and he has misused the bail granted to him earlier, and also in light of the judgment rendered by the Supreme Court in Deepak Yadav v. State of Uttar Pradesh & Another, reported in (2022) 8 SCC 559, wherein the Hon’ble Supreme Court had cancelled the bail granted to the accused therein on the ground that the accused had previous antecedents, thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. 7. Accordingly, this bail application of applicant – Preetam Das involved in Crime No. 04/2025 registered at Police Station – Gharghoda, District – Raigarh (C.G.) for the offence punishable under Sections 74, 75, 331(2), and 115(2) of the BNS, is rejected at this stage. 8. Needless to say that the learned trial Court is at liberty to proceed with the trial and conclude the same, expeditiously. 9. 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