1 CGHC010210612026 2026:CGHC:29738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No.5601 of 2026 1 - Hirday Urf Hirdesh Yadav S/o Suresh Yadav Aged About 23 Years R/o Dashrath Chaudhary's House Near Ram Mandir Jamul Tehsil and District Durg C.G. Applicant (s) versus 1 - State Of Chhattisgarh Through- The S.H.O. P.S. Jamul Durg, C.G. Respondent(s) For Applicant (s) : Mr. Samdarsh Nirankari, Advocate For Respondent(s) : Mr. Shailendra Sharma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.07.2026 1. This is the second bail application filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant, who has been arrested in connection with Crime No.576/2024, registered at Police Station Jamul, District Durg (C.G.) for the offence punishable under Sections 351 (2), 64 (1) & 309 (4) of the B.N.S. Digitally signed by R NIRALA 2 2. The first bail application of the applicant was dismissed on merits by this Court vide order dated 14.07.2025 in MCRC No.5460/2025. 3. The prosecution case in brief is that the applicant is alleged to have committed sexual intercourse with the prosecutrix and also committed theft of her two golden earrings and one gold anklet. 4. Learned counsel for the applicant submits that the applicant is a young boy, aged about 23 years, and is in jail since 19.12.2024 i.e. for more than 1 and half years and out of total 22 prosecution witnesses, only 7 witnesses have been examined till now, therefore, the applicant may be released on bail. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant is involved in commission of serious offence and trial is likely to be completed, therefore, he is not entitled for grant of bail at this stage. 6. I have heard learned counsel for the parties and perused all the documents available on record. 7. Taking into consideration the facts and circumstances of the case, particularly the fact that applicant is in jail since 19.12.2024 and out of total 22 prosecution witnesses, only 7 witnesses have been examined till date and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application. 8. Accordingly, the instant bail application of the applicant is allowed. 3 9. Let the Applicant – Hirday, involved in Crime No.576/2024, registered at Police Station Jamul, District Durg (C.G.) for the offence punishable under Sections 351 (2), 64 (1) & 309 (4) of the B.N.S., be released on bail on 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 their counsel. In case of their 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. 4 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.” 10. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala