1 2026:CGHC:1954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 358 of 2026 Nitesh Ghore S/o Shri Harprakash Ghore, Aged About 32 Years R/o- Behind Durga Temple, Dayalband, P.S. City Kotwali, Tehsil And District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through P.S. City Kotwali, District Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Shyam Kumar, Advocate. For Respondent(s) : Mr. Vinod Kumar Tekam, Government Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/01/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 565/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 76, 78, 296, 115(2) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Case of the prosecution, in brief, is that on 12.10.2025 at about 9:00 A.M., the complainant Smt. Muskan Goyal alleged that the applicant stared at her with ill intention, approached her, expressed love, and forcibly caught her hand, tearing her blouse. When she resisted and raised an alarm, the applicant allegedly abused her and attempted to assault her. On hearing the commotion, her sister-in-law Smt. Amisha Goyal intervened, whereupon the applicant allegedly caught her by the hair and caused her to fall. The incident forms the basis of the present criminal case against the applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the true facts of the case are that the applicant and his family were being continuously harassed by the victim and her relatives. Prior to the alleged incident, on 25.07.2025, the applicant submitted a written complaint to the SHO, City Kotwali, Bilaspur, as well as to senior police personnel, stating that the victim had threatened to falsely implicate him in a criminal case. Further, the applicant’s mother lodged F.I.R. No. 503/2025 dated 12.09.2025 at P.S. City Kotwali, Bilaspur, against the complainant and her family members. Despite these complaints, no action was taken by the police. Instead, acting with undue haste, the police registered a false case on the subsequent complaint of the victim, copies of the complaint and FIR are annexed as Annexure-A/3 (Colly). He 3 also submits that the M.L.C. report records only a simple injury, and the victim herself stated that she was fine and did not require any treatment, which casts serious doubt on the alleged incident. Moreover, no medical report of Amisha Goyal has been produced, and the allegedly torn blouse was never seized. These material omissions and contradictions make the prosecution case highly suspicious. The applicant is in jail since 17.10.2025, the applicant has thee criminal antecedents of the years 2012, 2013 and 2025 under the IPC and BNS, further the charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of 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. He further submits that the allegation against the applicant that on 12.10.2025 at about 9:00 A.M., he stared at the complainant with ill intention, approached her, expressed love, forcibly caught her hand and tore her blouse, abused and attempted to assault her, and upon intervention by her sister-in- law Amisha Goyal, caught her hair and caused her to fall. So far as criminal antecedents of the applicant are concerned, applicant has three criminal antecedents of the years 2012, 2013 and 2025 under the IPC and BNS, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and 4 perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 17.10.2025, the fact that though the applicant is alleged to have misbehaved with the complainant by forcibly catching her hand and tearing her blouse, and to have assaulted her and her sister-in-law when they resisted, but considering the injury sustained by the victim which is simple in nature as per MLC Report, so far as criminal antecedents of the applicant are concerned, the applicant has thee criminal antecedents of the years 2012, 2013 and 2025 under the IPC and BNS, out of which, cases of 2012 and 2013 are old and stale, further the charge- sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the application is allowed. 8. Let the Applicant-Nitesh Ghore, involved in Crime No. 565/2025 registered at Police Station City Kotwali, District Bilaspur (C.G.) for the offence punishable under Sections 76, 78, 296, 115(2) of 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil