1 2026:CGHC:16409 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3218 of 2026 Rahul Singh @ Sona S/o Satish Singh@Sona Aged About 39 Years R/o Ward No. 21, Near By Shitala Mandir, Khadpadi Para, Janjgir, District Janjgir-Champa, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Janjgir, District- Janjgir- Champa Chhattisgarh. ... Non-Applicant For Applicant : Mr. Bharat Lal Sahu, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.04.2026 1. This is the second bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 559/2025 registered at Police Station – Janjgir, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 331(3) and 79 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The earlier bail application of the applicant being MCRC No. 846 of 2026 was rejected by this Court vide order dated 28.01.2026 on merits. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 3. The case of the prosecution, in brief, is that the complainant lodged a report before the concerned police station stating that on the date of the incident, the applicant entered her house and outraged her modesty by making objectionable remarks such as “Hello darling, I love you”, and based upon the said complaint, the police registered a case against the applicant for the offences punishable under Sections 331(3) and 79 of the Bharatiya Nyaya Sanhita. 4. Learned counsel for the applicant submits that, the first bail application of the applicant was rejected by this Court on merit. It is further submitted that the applicant is a differently-abled person having disability in his leg and faces great difficulty in walking and performing his day-to-day activities. It is further submitted that in fact, at the time of the alleged incident, the applicant was passing by the house of the complainant when the parents of the victim stopped him and assaulted him, and in this regard, the applicant had also made a complaint to the concerned police authorities, however no action has been taken till date. It is further submitted that due to said previous enmity, the complainant has falsely implicated the applicant by lodging a baseless complaint without any sufficient reason. It is also submitted that the applicant neither entered the house of the complainant nor committed any act as alleged, and the prosecution story is wholly false and fabricated, and the applicant is in jail since 21.06.2025. He further submits that as per the status of the trial, out of 07 prosecution witnesses, 03 have been examined before the trial Court. Hence, he prays for grant of second bail to the applicant. 3 5. On the other hand, the learned State Counsel opposed the bail application and submitted that the charge-sheet has already been filed. She further submitted that the applicant has repeatedly harassed the victim, who is an unmarried girl. It was further pointed out that two earlier FIRs were lodged against the applicant. In one such case, the applicant was convicted in a matter lodged by the complainant/victim under Sections 354(A), 354(B), and Section 12 of the POCSO Act, registered in the year 2019. Additionally, the applicant has one another criminal antecedent under Section 78(2) of the B.N.S., which shows that he is a habitual offender. If he is granted bail, he is likely to misuse the liberty of bail. Therefore, the applicant is not entitled to be released on bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. From the perusal of the record, it transpires that the earlier bail application of the applicant being MCRC No. 846 of 2026 was rejected by this Court vide order dated 28.01.2026 on merits and the new ground for filing of the second bail application is that the applicant is in jail since 21.06.2025 and as per the status of the trial, out of 07 prosecution witnesses 03 have been examined before the trial Court and not supported the case of the prosecution and have turned hostile, the same cannot be a ground for releasing the applicant on bail. Further the fact that the applicant has repeatedly harassed the victim, who is an unmarried girl, also considering the fact that two earlier FIRs were lodged against the applicant, in one such case, the applicant was convicted in a matter lodged by the 4 complainant/victim under Sections 354(A), 354(B), and Section 12 of the POCSO Act, registered in the year 2019, additionally, the applicant has one another criminal antecedent under Section 78(2) of the B.N.S. which shows that he is a habitual offender, therefore, I am not inclined to grant second bail to the applicant. 8. Accordingly, the second bail application of the applicant – Rahul Singh @ Sona, involved in Crime No. 559/2025 registered at Police Station – Janjgir, District- Janjgir- Champa (C.G.) for the offence punishable under Sections 331(3) and 79 of the Bharatiya Nyaya Sanhita, 2023, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan