GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 16:42:07 +0530

2025:CGHC:20750

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRC No. 3259 of 2025

Balak Das Tandon S/o Prabhuram Tandon Aged About 22 Years R/o Bijradih, Police Station- Gidhpuri, District- Balodabazar-Bhatapara (C.G.)

... Applicant

versus

State Of Chhattisgarh Through Station House Officer, Police Station-Gidhpuri, District- Balodabazar-Bhatapara (C.G.)

... Respondent

For Applicant	:	Ms. Ritika Verma, Advocate.
For	:	Ms. Monika Thakur, PL.
Respondent/State

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

06/05/2025

1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for grant of regular bail to the applicant who has been arrested in connection with Crime No.20/2025 registered at Police Station Gidhpuri, District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 332 (3), 64(1), 351(2), 74 of Bhartiya Nyay Sanhita, 2023.

• 2. Case of the prosecution, in brief, is that on 03.02.2025, the prosecutrix lodged report at Police Station, Gidhpuri, alleging therein that on 03.02.2025 at about 11.00 AM, she was alone in her house, at that time, the applicant entered into her house and caught hold her hand with intention to outrage her modesty, which was objected by the prosecutrix and at that time, two persons knocked the door of house of prosecutrix and the prosecutrix opened the door and thereafter the accused/applicant fled away. On the basis of said report, the offence U/s 332 (3), 74 of B.N.S. was registered against the applicant. During course of investigation, the statement of prosecutrix was recorded U/s 183 of B.N.S. before the JMFC Kasdol, where she alleged that on 27.01.2025 the applicant came into her house and by giving threatening to withdraw the case, the applicant has committed sexual intercourse with her.
• 3. Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in the instant case. She would submit that initially on the basis of report lodged by the prosecutrix the offence U/s 332(3), 74 of B.N.S. was registered against the applicant and the applicant applied for grant of bail and he was granted bail by the court below, but later on, on the basis of statement of prosecutrix recorded U/s 183 of B.N.S., the offence U/s 64(1) of BNS has been registered. She would submit that in the statement of victim recorded U/s 183 of B.N.S. before the JMFC, Kasdol, the prosecutrix has alleged that on 27.01.2025 the applicant came into her house and by giving threatening to withdraw the case, the applicant has committed sexual

intercourse with her, whereas on 27.01.2025 no case was registered against the applicant, therefore there was no occasion to give threatening to the prosecutrix for withdrawal of case. She would submit that the applicant was already granted bail after registration of offence U/s 332 (3), 74 of BNS. She would submit that the applicant is in jail since 04/02/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant.

• 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She would submit that in the statement of prosecutrix recorded U/s 183 of B.N.S. though subsequently allegation of rape has been levelled against the applicant but MLC is snegative.
• 5. I have heard learned counsel appearing for the parties and perused the case diary.
• 6. Taking into consideration the facts and circumstances of the case, also considering the fact that initially on the basis of report lodged by the prosecutrix the offence U/s 332(3), 74 of B.N.S. was registered against the applicant and the applicant was granted bail by the court below, but later on, on the basis of statement of prosecutrix recorded U/s 183 of B.N.S., the offence U/s 64(1) of BNS has been registered, though allegation of rape has been levelled against the present applicant but MLC is negative, charge sheet has been filed, period of detention of the applicant since 04/02/2025, and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

7. Let the Applicant-Balak Das Tandon, involved in Crime No.20/2025 registered at Police Station Gidhpuri, District-Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 332 (3), 64(1), 351(2), 74 of Bhartiya Nyay Sanhita, 2023, be released on bail on his furnishing a 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 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, (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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance.

Sd/- (Ramesh Sinha) CHIEF JUSTICE

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