Bail granted for outraging modesty absent criminal antecedents following the filing of a charge-sheet.

The applicant, Shatrughan Kosare @ Lala, was arrested on January 6, 2026, in connection with Crime No. 07/2026 registered at Police Station Newai, District Durg.

The prosecution alleged that on January 3, 2026, while the complainant's husband was away, the applicant entered her kitchen and attempted to outrage her modesty.

The applicant fled when the victim shouted and witnesses arrived.

The applicant moved the High Court for regular bail, contending that he was falsely implicated due to a dispute arising during a cultural program and emphasizing that he had no prior criminal record.

The investigation is complete and the charge-sheet has been filed.

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the High Court's power to grant bail.

The substantive offence was charged under Section 74 of the Bharatiya Nyaya Sanhita, 2023 (BNS), which addresses outraging the modesty of a woman.

The Court also referenced procedural requirements under the BNSS, including Section 183 (statements), Section 84 (proclamations), and Section 351 (recording of statements of the accused).

The Court analyzed the necessity of continued detention versus the applicant's right to liberty.

It noted that the investigation had concluded with the filing of the charge-sheet, and the applicant had been in custody since January 6, 2026.

The Court took significant note of the fact that the applicant had no criminal antecedents.

While the State opposed bail citing the gravity of the allegations and statements recorded under Section 183 of the BNSS, the Court reasoned that since the trial would likely take a considerable amount of time, further incarceration was not warranted.

The Court determined that the conditions of bail would suffice to ensure the applicant's presence during the trial.

The holding was based on the applicant’s clean criminal record, the filing of the charge-sheet, and the duration of his detention.

The applicant was ordered to be released upon furnishing a personal bond with two sureties, subject to conditions including: (i) not seeking adjournments during evidence; (ii) mandatory presence on all trial dates; and (iii) strict appearance for the framing of charges and recording of statements under Section 351 of the BNSS.