1 2026:CGHC:4401 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 870 of 2026 Tameshwar Yadav S/o Dinesh Kumar Yadav Aged About 35 Years R/o Katulboard, Battalion Para, P.S. Mohan Nagar, Tahsil And Distt. Durg, (C.G.) Permanent Address Village Tirga, P.S. Anda, Tahsil And Distt. Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, P.S. Mohan Nagar, Distt. Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Roshan Singh Lamba, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2026 1. This is the Second bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 137/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.), for the offence punishable under Section 74 of the Bhartiya Nyaya Sanhita, 2023. 2. The earlier bail application of the applicant being MCRC No. 3581 of 2025 was rejected on merits by this Court vide order dated 20.06.2025. 3. As per the prosecution story, in brief, on 08.04.2025 in the morning, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.01.29 11:02:20 +0530 2 parents of the victim had left for work, and the victim was sleeping alone at home. The applicant allegedly entered the house of the victim and attempted to outrage her modesty. Thereafter, upon the victim raising an alarm, the applicant ran away from the place of occurrence. A report to the above effect was lodged at Police Station Mohan Nagar, Durg, pursuant to which the alleged offence was registered against the applicant. 4. Learned counsel for the applicant submits that this is the second bail application filed on his behalf, as the first bail application was rejected on merits by this Court vide order dated 20.06.2025 in MCRC No. 3581 of 2025. He submits that the victim and her parents have been examined before the trial Court and, till date, only 3 out of 17 prosecution witnesses have been examined. He further submits that the applicant has been in jail since 09.04.2025 and that the conclusion of the trial may take some time. Therefore, he prays for grant of regular bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application filed on behalf of the applicant and submits that the charge-sheet has already been filed before the competent Court in the present case. 6. I have heard learned counsel for the parties. 7. Taking into consideration the facts and circumstances of the case, particularly that only 3 out of 17 cited witnesses have been examined so far, and further considering that the applicant has been in custody since 09.04.2025 and the conclusion of the trial is likely to take considerable time, this Court is of the view that the applicant is entitled to be released on bail. 8. The Second Bail Application of the Applicant – Tameshwar Yadav, involved in Crime No. 137/2025 registered at Police Station – Mohan 3 Nagar, District – Durg (C.G.), for the offence punishable under Section 74 of the Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing 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 his 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 his, 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 4 treat such default as abuse of liberty of bail and proceed against his in accordance with law. 9. 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 receipt of a certified copy of this order in accordance with law, if there is no legal impediment. 10.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 Abhishek