1 2026:CGHC:26923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1124 of 2026 Manish Guldasani S/o Lt. Shri Ashok Guldasani Aged About 28 Years R/o Village - Rajaram Colony, Arihant Vihar Vidisha, District Vidisha, M.P. (Name And Address Mentioned As Per Annexure A-2) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station, Saraswati Nagar, District Raipur (C.G.) ... Respondent (Cause title taken from case information system) For Applicant : Shri Devershi Thakur, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. For complainant : Shri Sachin Nidhi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/07/2026 1. This is the second bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No.31/2025 registered at Police Station Saraswati Nagar, Dist-Raipur GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.02 14:58:42 +0530 2 (C.G) for the offence punishable under Sections 64, 296, 351(2) of BNS. 2. The prosecution story in brief, is that on 20.02.2025 a written complaint was given by victim, alleging there in that in the year 2021, she filed a complaint against applicant under Section 376 of IPC which was eventually got settled between them. But after settlement and after procuring bail, the applicant started harassing her by different means and act, she further had deposed in favour of applicant before the trial Court. She further alleged in her complaint that the applicant used to borrow money from her from his personal use and when she demanded him to return the money, he and his family members use to make excuses. On 16.01.2025 the applicant came to Raipur to attend hearing in the matters which case pending before District Court of Raipur and came to her house and sexually assaulted her and further threatened her to viral her obscene photos and videos, if she disclosed this to anyone. Hence, this FIR. 3. Learned counsel for the applicant submits that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 28/04/2025 vide MCRC No.2952/2025. He would submit that the complainant of the present case had earlier lodged an FIR against the applicant for a similar offence which was registered as case crime no.201/2021 in which he was granted bail. It is stated that regularly he was attending the trial of the said case but on some date he could not appear, hence warrant was issued and in pursuance of that he was arrested in the said case. He submitted that in the said case, 7 prosecution witnesses 3 have been examined including the complainant who was examined on 1/02/2023 and so far as the present case is concerned, complainant has been examined on 14/05/2026. It is further argued that in the present case, out of 12 prosecution witnesses only complainant has been examined. He would submit that the applicant is in jail since 03/03/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel as also learned counsel for the complainant oppose prayer for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. From perusal of the records, it transpires that this is the second bail application of the applicant and the first bail application of the applicant was rejected by this Court on merits vide order dated 28/04/2025 vide MCRC No.2952/2025. Considering the period of incarceration of the applicant since 03.03.2025, further the fact that the complainant has already been examined before the trial Court, and that the trial is likely to take considerable time as only one out of twelve prosecution witnesses has been examined, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the second bail application is allowed and it is directed that the Applicant- Manish Guldasani, involved in Crime No.31/2025 registered at Police Station Saraswati Nagar, Dist-Raipur (C.G) for the offence punishable under Sections 64, 296, 351(2) of BNS, be 4 released on bail on his furnishing a personal bond with two heavy 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of 5 this order in accordance with law, if there is no legal impediment. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. - Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri