1 2026:CGHC:6057 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10271 of 2025 Monika Sachdev W/o Md. Jiyaul Haq Aged About 38 Years R/o Ravtpura Colony, Bhathagaon, District Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Police Station City Kotwali, District – Raipur (C.G.) ---- Non-applicant For Applicant : Mr. Aishwary Diwan, Advocate. For Non-applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.02.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 211/2025, registered at Police Station – City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 331(4), 296, 115(2), 351(2) and 3(5) of IPC. 2. The case of the prosecution, is that on 03.10.2025, at around 6:30 p.m., the applicant, Jitendra Nishad alias Balu, along with his friend Pintu Karakse, went to the PWD office, OCM Chowk, Raipur, Chhattisgarh, to meet his father, Rajesh Karakse. They were sitting there for dinner at 11:20 p.m. At that time, the applicant/accused and other co-accused arrived and asked to open the channel gate. When RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Pintu Karakse refused to open the channel gate, they climbed over the wall from the back and entered Rajesh Karakse's room inside the PWD office. They told Pintu Karakse not to open the channel. gate, saying this, he abused her mother and sister obscenely, threatened to kill her, and hit her in the stomach with an object he was carrying. When the applicant Jitendra Nishad alias Ballu tried to intervene, the complainant/accused and other co-accused also abused him with obscene language, threatened to kill him and beat him with their hands, and caused injuries to his right hand. On the applicant's report, a case was registered against the applicant/accused and other co- accused. Hence, this application 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and there are a total of 13 criminal antecedents of the applicant out of which 11 have been disposed of and 2 are still pending. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 05.11.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that there are a total of 13 criminal antecedents of the applicant out of which 11 have been disposed of and 2 are still pending, and the charge-sheet has been filed in this case. It is further submitted that the applicant along with the co- accused are said to have assaulted the complainant and also abused him with filthy language, therefore, he is not entitled for grant of bail. 3 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that there are a total of 13 criminal antecedents of the applicant out of which 11 have been disposed of and 2 are still pending, charge- sheet has been filed against the applicant, the applicant is in jail since 05.11.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Monika Sachdev, involved in Crime No. 211/2025, registered at Police Station – City Kotwali, District – Raipur (C.G.) for the offence punishable under Sections 331(4), 296, 115(2), 351(2) and 3(5) of IPC, 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 4 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