1 2026:CGHC:14073 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2134 of 2026 Vyas Kumar Prajapati @ Lucky S/o Ashok Prajapati Aged About 21 Years R/o Ward No. 4, Sanjay Nagar, Akaltara, P.S. Akaltara, District Janjgir-Champa, (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - G.R.P., District – Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. S.D. Mishra, Advocate. For Non-applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24.03.2026 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. 92/2025, registered at Police Station G.R.P., District – Bilaspur (C.G.) for the offence punishable under Section 74, 309(5), 115(2), 296, 315(2) of the BNS. 2. The prosecution story, in brief, is that on the basis of the report lodged by the complainant on 31.10.2025 and written complaint has been lodged by her against the unknown persons and in the written complaint has mentioned that after having been Itwari Express at Akaltara Plat Form No. 3 and was happened to back to her home and at that time the applicant has tried to snatch the phone, pocket and RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 having been protected by her she was assaulted and the applicant has also filthy abused her and on being cried by the complainant, the applicant has left the phone and tried to flee away and thereafter the applicant had fled away from their and on the basis of written complaint lodged by the complaint at Police Station concerned, the crime was investigated and the applicant was arrested by the Police. 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 name of the applicant is mentioned neither in the FIR nor in the statement of the victim recorded under Section 183 of BNSS and has been arrested only on the basis of the suspicion laid down by the Police authority, and it is stated that the victim has identified in the TIP that the applicant was the person who has committed crime, but though the allegation has been levelled against the applicant that he has tried to outrage the modesty of the victim as per the statement of victim under Section 183 of BNSS, but the MLC report goes to show that she has only made complaint of the incident. It is also submitted that the charge-sheet has been filed in this case, and there are two criminal antecedents which are pending. The applicant is in jail since 08.11.2025 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 3 is further submitted that as per the statement of the victim recorded under Section 183 of BNSS, the applicant has tried to outrage the modesty of the victim. 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 name of the applicant is mentioned neither in the FIR nor in the statement of the victim recorded under Section 183 of BNSS and has been arrested only on the basis of the suspicion laid down by the Police authority, and it is stated that the victim has identified in the TIP that the applicant was the person who has committed crime, but though the allegation has been levelled against the applicant that he has tried to outrage the modesty of the victim as per the statement of victim under Section 183 of BNSS, but the MLC report goes to show that she has only made complaint of the incident. Also the fact that the charge-sheet has been filed in the present case and there are two criminal antecedents which are pending, the applicant is in jail since 08.11.2025 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 - Vyas Kumar Prajapati @ Lucky, involved in Crime No. 92/2025, registered at Police Station G.R.P., District – Bilaspur (C.G.) 4 for the offence punishable under Section 74, 309(5), 115(2), 296, 315(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, 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