1 CGHC010329692026 2026:CGHC:42114 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7906 of 2026 1 - Narottam @ Naurattam Son Of Banmali Rautiya, Aged About 42 Years Resident Of Jagdishpur P. S. Basna And District Mahasamund C.G. ... Applicant(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund (C.G.) ... Respondent For Applicant : Mr. Sudhir Kumar Sahu, Advocate For Respondent/State : Ms. Smriti Shrivastava, P.L. Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 28.09.2026 1. The applicant has preferred this First Bail Application under Section 483 of the BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 338/2026, registered at Police Station District Basna District Mahasamund (C.G.) for the offence punishable under Sections 74, 115(2), 296, 351 and 331(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant/victim lodged a report at the concerned Police Station alleging that, at the time of the incident, the applicant entered her house, attempted to outrage her modesty, used filthy language, and assaulted her. On the basis of these allegations, the offences, as stated above, were registered Digitally signed by JYOTI JHA Date: 2026.09.29 11:41:06 +0530 2 against him. 3. Learned counsel appearing for the applicant would submit that one case registered under the Motor Vehicles Act/IPC has already been disposed of, whereas three cases registered under the Chhattisgarh Excise Act are pending. He also submits that the charge-sheet has already been filed and the applicant is in jail since 28.06.2026. He would further submit that, in the present case, there was a scuffle between the present applicant and the victim and the allegations levelled against him are false and baseless. He, therefore, prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel would oppose the bail application and submit that the applicant has four criminal antecedents, out of which three are registered under the Chhattisgarh Excise Act, of the years 2023 and 2025, and one is registered under the Indian Penal Code of the year 2020. She would further submit that there are serious allegations against the present applicant that he tore the clothes of the victim and assaulted her. Therefore, the application filed by the applicant for grant of bail may be rejected. 5. I have heard the learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, and particularly considering the fact that there was a scuffle between the victim and the present applicant, during which the applicant assaulted the victim with hands and fists and it appears that due to the scuffle, the clothes of the victim got torn, and further considering that one case 3 under the IPC has already been disposed of and three cases under the Excise Act are pending, in which the applicant has already been granted bail, the charge-sheet has already been filed, the applicant is in custody since 28.06.2026, and the conclusion of the trial is likely to take some time, I am inclined to grant bail to the present applicant. Accordingly, the bail application is allowed. 7. It is directed that in the event of the applicant executing a personal bond for a sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, he shall be released on bail, on 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, 4 (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. Sd/- (Rakesh Mohan Pandey) Judge Jyoti