1 CGHC010167482026 2026:CGHC:28464 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3859 of 2026 Mithlesh Dewangan S/o Sanat Dewangan Aged About 21 Years R/o Atal Awas, Urla, Ward No. 57, Police Station - Mohan Nagar, Distt. Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station - Mohan Nagar, Distt. Durg (C.G.) ... Respondent(s) For Applicant(s) : Mr. P.Chetan Kumar, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/07/2026 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. 185/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Mohan Nagar, Distt. Durg (C.G.) for the offence punishable under Section 74 of BNS. 2. Case of the prosecution, in brief, is that the victim lodged a complaint alleging that, while she was taking a bath, the accused outraged her modesty by touching her private body parts without her consent, which led to the registration of alleged offence against the applicant and subsequently, the applicant was arrested 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 applicant had solemnized his marriage barely two months prior to the alleged incident. He also submits that the victim resides in the same Atal Awas block and that a heated altercation had taken place between them while they were on the common terrace. Owing to the said dispute and personal grudge, the victim allegedly lodged a false complaint against the applicant with a view to wreak vengeance. The applicant is in jail since 07.03.2026, the applicant has no criminal antecedent, 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 while the victim was 3 taking a bath, the applicant allegedly touched her private body parts without her consent, thereby outraging her modesty and is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and 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 07.03.2026, the fact that though the applicant allegedly touched her private body parts without her consent while the victim was taking bath, but considering the fact that the applicant has no criminal antecedent and 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-Mithlesh Dewangan, involved in Crime No. 185/2026 registered at Police Station Mohan Nagar, Distt. Durg (C.G.) for the offence punishable under Section 74 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 open for the trial court to treat it as abuse of liberty of 4 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