SUKHNANDAN DAS vs STATE OF CHHATTISGARH

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CGHC010333162026 2026:CGHC:38339
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 7970 of 2026
Sukhnandan Das S/o Uttam Das Aged About 18 Years R/o Udata,
Thana Pali, District- Korba (C.G.)
... Applicant(s)
versus
State Of Chhattisgarh Through Police Station Pali, District- Korba (C.G.)
... Respondent(s)
Digitally
signed by
AKHILESH
KUMAR
DEWANGAN
AKHILESH
KUMAR
DEWANGAN
For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate.
For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
31/08/2026
This is the first bail application filed under Section 483 of the
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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. 292/2026 registered at Police Station
Pali, District- Korba (C.G.) for the offence punishable under
Sections 74, 76, 78, 351(3) of BNS.

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Case of the prosecution, in brief, is that the victim lodged a
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written report on 30.07.2026 at Police Station Pali, District Korba
(C.G.), alleging that on 29.07.2026 at about 11:00 p.m., when she
went to the courtyard after waking up to attend nature’s call, the
applicant came there and allegedly attempted to outrage her
modesty. On the basis of the said written complaint, the police
registered the FIR against the applicant for the aforesaid offences
and commenced the investigation. Hence, the bail application.
Learned counsel for the applicant submits that the applicant has
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not committed any offence and he has been falsely implicated in
offence in question. He further submits that the complainant has
herself appeared before the Court and submitted an application
along with an affidavit, expressing that she has no objection to the
grant of bail to the applicant/accused. The applicant is in jail since
01.08.2026, the applicant has no criminal antecedent, charge-
sheet has been filed and the trial is likely to take some time for its
conclusion. Therefore, he 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. He further submits that the applicant attempted
to outrage the modesty of the victim when she went to the
courtyard to attend nature’s call. Therefore, the applicant is not
entitled for grant of bail.
5. I have heard learned counsel appearing for the parties and

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perused the case diary.
Taking into consideration the facts and circumstances of the case,
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nature and gravity of offence, period of detention of the applicant
since 01.08.2026, the fact that though the applicant attempted to
outrage the modesty of the victim when she went to the courtyard
to attend nature’s call, but considering the fact that the
complainant has herself appeared before the Court and submitted
an application along with an affidavit, expressing that she has no
objection to the grant of bail to the applicant/accused, the said fact
is also apparent from the bail rejection order of the trial Court, the
applicant has no criminal antecedent and charge-sheet has been
filed, this Court is of the view that the applicant is entitled to be
released on bail in this case.
7. Accordingly, the application is allowed.
8. Let the Applicant- Sukhnandan Das, involved in Crime No.
292/2026 registered at Police Station Pali, District- Korba (C.G.)
for the offence punishable under Sections 74, 76, 78, 351(3) of
BNS, 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

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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.
Office is directed to send a certified copy of this order to the trial
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Court for necessary information and compliance.
Sd/-
(Ramesh Sinha)
CHIEF JUSTICE
Akhil