1 2026:CGHC:24716 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5042 of 2026 Purushottam Banchhor S/o Shri Sohan Banchhor Aged About 26 Years R/o Village Ganekera, P.S. Basna, District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Gidhouri Tundra, Outpost- Giroudhpuri, Distt.- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Mr. Sumit Shrivastava, Advocate For Respondent-State : Mrs. Shailja Shukla, Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 18.06.2026 1. Applicant has filed this Second Bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 54/2026 registered at Police Station – Gidhouri- Tundra, Outpost – Giroudhpuri, Distt.- Balodabazar- Bhatapara, Chhattisgarh for offence punishable under Section 74, 76, 331(4), 296, 115(2), 3(5) of BNS, 2023. First bail application of the present applicant was withdrawn vide order dated 21.05.2026 in MCRC No. 4835/2026. ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.06.18 18:24:00 +0530 2 2. Case of prosecution in brief is that, the victim lodged a written report on 27.02.2026 stating that in the evening at about 7:30 PM when she was sitting on the roof of her house, at that time, applicant came and caught hold of her hand, tried to press her breast and thereby tried to outrage her modesty. Based on the report, aforementioned crime was registered and applicant was arrested on 12.05.2026 3. Learned counsel for applicant submits that applicant has been falsely implicated in the crime, he has not committed offence as alleged. He further submits that according to the instructions received from the father of complainant by applicant the he was watching the conduct of victim as she is continuously engaged in mobile phone, as of which he went on the roof of house and questioned the complainant about it and restricted her. Investigation is complete and charge sheet has been filed. Applicant is in jail since 12.05.2026 and trial may take a considerable time to conclude. Hence he may be enlarged on bail. 4. On the other hand, learned counsel for State opposes the submission made by learned counsel for applicant and submits that there is specific allegation against the applicant of outraging the modesty of complainant. She submits that after this incident the brother-in-law of applicant who is juvenile has rushed to the house of complainant and threatened her and even assaulted her. 5. Upon asking learned counsel for the State, about the criminal antecedents against the applicant, she submits that there is no criminal antecedents of the applicant. 6. I have heard learned counsel for the parties and perused the documents enclosed along with the bail application. 3 7. On due consideration of the submission made by learned counsel for the respective parties as also considering the facts and circumstances of the case, nature of allegations and further considering that there is no criminal antecedent of the applicant, charge-sheet has already been filed, trial may take considerable time to conclude, without commenting anything on the merits of the case, I am inclined to allow this application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. 4 (d) 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 concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Alfiza JUDGE