1 2026:CGHC:4495 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 224 of 2026 Sahil Jigyasi S/o Late Shri Anup Jigyasi Aged About 24 Years R/o Sindhi Colony, Thana Civil Line, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Civil Line, District Bilaspur C.G. ...Non-applicant For Applicant : Mr. Akash Hanspal, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.01.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 1317/2025, registered at Police Station - Civil Line District – Bilaspur (C.G.) for the offence punishable under Sections 78, 126(2), 74, 115(2), 296, 351(2) of the BNS. 2. The prosecution case, in brief, is that on 04.11.2025, upon completion VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.28 16:39:37 +0530 2 of preliminary investigation into an allegation of attempt to molest a girl, a case was registered against the accused youth under Crime No. 1317/2025 for offences punishable under Sections 78, 126(2), 74, 115(2), 296 and 351(2) of the Indian Penal Code, where after evidence was collected and investigation is presently ongoing; during the course of investigation, the accused was arrested and produced before the competent Trial Court at Bilaspur, District Bilaspur (C.G.), and while in custody, a bail application was moved on behalf of the applicant/accused before the learned Sessions Court, Bilaspur (C.G.), which came to be transferred to the Court of the learned 12th Additional Sessions Judge, Bilaspur (C.G.), presided over by Ms. Mona Chauhan, and the said bail application was rejected vide order dated 08.12.2025; being aggrieved by the said rejection, the applicant has preferred the present bail application, which has been placed before this Court for consideration. 3. Learned counsel for the applicant submits that the present applicant is innocent persons and has been falsely implicated in the aforesaid case. He further submits that on the basis of so-called pocket witnesses; that the applicant has been in judicial custody since 04.12.2025 and the alleged offences are not punishable with death or imprisonment for life and are triable by the learned Judicial Magistrate First Class, Bilaspur (C.G.); that the applicant has been arrested in connection with offences under Sections 78, 126(2), 74, 115(2), 296 and 351(2) of the Indian Penal Code and is presently under detention that his prolonged incarceration is likely to adversely affect his mental health due to continuous confinement and exposure to habitual 3 offenders, causing irreparable prejudice; that his detention has resulted in acute hardship and starvation-like conditions for his dependent family members; that no earlier bail application of the present nature has been filed or decided either by this Hon’ble Court or by the Hon’ble Supreme Court of India; that the applicant is a permanent resident of the address mentioned above, possesses movable and immovable property, and undertakes to fully cooperate with the investigation, shall not abscond, and shall not influence prosecution witnesses if enlarged on bail; and that the applicant is ready and willing to furnish adequate sureties as may be directed by this Hon’ble Court, therefore he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposed the bail application of the present applicant and submitted that the charge-sheet has already been filed in the case and that the applicant has eight criminal antecedents, therefore, he is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations levelled against the applicant, and further considering the period of detention of the applicant since 03.11.2025 and having regard to the fact that the charge-sheet has already been filed and that the trial is likely to take considerable time for its conclusion, this Court is of the considered opinion that the applicant is entitled to be released on bail in the present case 4 7. Let applicant, Sahil Jigyasi, involved in Crime No.1317/2025, registered at Police Station - Civil Line District – Bilaspur (C.G.) for the offence punishable under Sections 78, 126(2), 74, 115(2), 296, 351(2) of the BNS, be released on bail on furnishing personal bond with two local 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 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 5 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. 8. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of further four months from the date of receipt of certified copy of this order in accordance with law, if there is no legal impediment. 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 vaibhav