2025:CGHC:16910 NAFR Digitally signed by GOURI GOURI MUDALIAR HIGH COURT OF CHHATTISGARH AT BILASPUR MUDALIAR Date:

2025.04.17

11:23:31 +0530 MCRC No. 2864 of 2025 Anil Kashyap S/o Amrit Lal Kashyap Aged About 27 Years R/o Village - Jamdi Police Station Hasaud District- Sakti Chhattisgarh.

... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Hasaud, District- Sakti (C.G.)

... Respondent For applicant : Shri Himanshu Yadu, Advocate appears on behalf of Shri Vikas Upadhyay, Advocate.

For : Ms. Ankita Shukla, PL.

Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

11/04/2025

1. Proceedings of this matter have been taken through video conferencing.

2. 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. 162/2024 registered at Police Station Hasaud, District Sakti (C.G.) for the offence punishable under Sections 74, 75, 309(6) of BNS (Corresponding Section of Indian Penal Code is 354, 354A, 394 of I.P.C.)

3. Case of the prosecution, in brief, is that the prosecutrix has lodged a complaint regarding the outrage of modesty by way of touching the body parts of the prosecutrix and snatching of 2 gold chain and 3 gram peas (matar). On the basis of same, offences U/s- 74, 75 and 309(6) of BNS has been registered against the present applicant.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that present applicant and prosecutrix had a pre- marital affair and when the fact of the love affair has been disclosed before the husband of the prosecutrix then only the present applicant has been falsely implicated. He would submit that the applicant is in jail since 7/12/2024, he is having no previous criminal history, charge sheet has been filed and trial is likely to take some time for its conclusion, hence, he prays for grant of regular bail to the applicant.

5. On the other hand, learned State Counsel opposes the prayer for grant of bail to the applicant and submits that the charge-sheet has been filed before the competent Court in the present case. She would submit that victim is a major lady of 25 years and no injury has been caused to the victim. She would further submit that the chain which has been snatched from the victim has been recovered from the present applicant and there is no criminal history against the present applicant.

6. I have heard learned counsel appearing for the parties and perused the case diary.

7. Taking into consideration the facts & circumstances of the case, nature &

gravity of offence, also considering the fact that victim is a major lady aged about 25 years and no injury has been caused to the victim, there is no criminal history against the present applicant, period of detention of the applicant i.e. since 7/12/2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case.

8. Let the Applicant – Anil Kashyap, involved in Crime No. 162/2024 registered at Police Station Hasaud, District Sakti (C.G.) for the offence punishable under Sections 74, 75, 309(6) of BNS (Corresponding Section of Indian Penal Code is 354, 354A, 394 of I.P.C.), 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 f