1 CGHC010193612026 2026:CGHC:29458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4529 of 2026 1 - Farukh Shah S/o Sher Ali Aged About 27 Years Resident Of 143/2, Majar Kshetra Ward No.21, Camp-01 Supela Bhilai Tahsil And District- Durg (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Chhawani District Durg (C.G.) Respondent(s) For Applicant (s) : Mr. Praveen Dhurandhar, Advocate For Respondent(s) : Ms. Smriti Shrivastava, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.07.2026 1. This is the first 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.164/2026, registered at Police Station Chhawani, District Durg (C.G.) for the offence punishable under Sections 74, 296, 115 (2) & 351 (3) of the B.N.S. Act, 2023. Digitally signed by R NIRALA 2 2. The case of the prosecution, is that the mother of the prosecutrix made a written report to the effect that on 19-03-2026, she took her elder daughter, as she was ill, to the applicant, who is Maulana of Sailani Baba Mosque Bhilai for prayer, where the applicant stated that four days time will be required to treat her daughter and subsequently on 22-03-2026, she visited the applicant and he took her inside Mosque and there he molested her daughter and on denial he assaulted her and she sustained injuries on back and neck, subsequently the FIR was registered against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in crime in question. He further submitted that the victim was suffering from some mental ailment and was taken to him by her mother for treatment, but she assaulted him and instead levelled allegation against him that he molested her and she also refused to be medically examined. It is further submitted that the charge-sheet has been filed in the present case and applicant is in jail since 23.03.2026 and trial is likely to take quite long time for its conclusion, therefore, he prays that the applicant be released on regular bail. 4. On the other hand, learned State counsel opposes the bail application and submits that statement of victim under Section 183 of BNSS Act has been recorded, wherein she has levelled specific allegation against the applicant. He further submitted that 3 there are previous criminal antecedents against the applicant and the charge sheet has already been filed and the applicant is in jail since 23.03.2026 and there is every likelihood of concluding the trial, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature of allegation and for the fact that the charge sheet has already been filed and the applicant is in jail since 23.03.2026 and conclusion of the trial is likely to take some time, therefore, I am inclined to allow this application. 7. Accordingly, the instant bail application of the applicant is allowed. 8. Let the Applicant – Farukh Shah, involved in Crime No.164/2026, registered at Police Station Chhawani, District Durg (C.G.) for the offence punishable under Sections 74, 296, 115 (2) & 351 (3) of the B.N.S. Act, 2023, 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. 4 (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. 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Nirala