Facts
The applicant, a Constable in the Sashastra Seema Bal (SSB) posted in Jammu & Kashmir, was arrested on 17.02.2026 in connection with Crime No. 43/2026.
Source reference: p. 1, 3The prosecution alleges that between 17.11.2025 and 16.02.2026, the applicant repeatedly used criminal force against the victim to outrage her modesty at his residence and her workplace (a Post Office).
Source reference: p. 2, para 2The applicant moved the High Court for regular bail, contending that there was an unexplained delay in filing the written complaint, that he had been acquitted in two previous criminal cases (Criminal Case No. 555/2021 and No. 799/2023), and that the charge-sheet had already been filed.
Source reference: p. 3, para 3The State opposed the application, citing the victim's statement and the applicant's criminal history.
Source reference: p. 3-4, para 4Issues
1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) for offences punishable under Section 74 of the Bhartiya Nyaya Sanhita (BNS).
Source reference: p. 1, para 1; p. 4, para 7Law Applied
Section 74 of the Bhartiya Nyaya Sanhita (BNS), which criminalizes the use of criminal force against a woman with intent to outrage her modesty.
Source reference: p. 1, para 1Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.
Source reference: p. 4, para 7Victim statements recorded under Section 183 of the BNSS.
Source reference: p. 4, para 6Reasoning
The Court observed that the victim’s statement under Section 183 BNSS provided specific prima facie evidence of repeated harassment in both private and public settings.
Source reference: p. 4, para 6The Court dismissed the applicant’s plea of innocence, noting that his conduct—particularly as a member of the SSB—reflected a "depraved mindset".
Source reference: p. 4, para 6Regarding the applicant’s criminal history, the Court held that while he was acquitted in prior cases, those records still indicated a "tendency towards criminal behaviour".
Source reference: p. 4, para 6The Court reasoned that given the gravity of the allegations and the applicant's conduct, there remained a strong likelihood of the applicant repeating similar offences or absconding if released at this initial stage.
Source reference: p. 4, para 4, 6Holding
The Court answered the issue in the negative and rejected the bail application.
It held that no case for bail was made out due to the nature of the allegations and the applicant’s criminal antecedents.
Source reference: p. 4, para 6The trial court was granted liberty to conclude the trial expeditiously.
Source reference: p. 5, para 8Original Court PDF
RAKESH KUMAR DHRUVvsSTATE OF CHHATTISGARH
Click to open original judgment
Original judgment, available to read, download and summarize on LawLens.in