Nagar, Kasaridih, Durg, Tehsil and District Durg, Chhattisgarh v. State of Chhattisgarh Through Police Station Pulgaon, District Du
Case Details
1 2025:CGHC:40964 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5475 of 2025 Nilesh Tiwari S/o Dwarika Tiwari, Aged About 53 Years R/o Subhash Nagar, Kasaridih, Durg, Tehsil and District Durg, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Police Station Pulgaon, District Durg (Chhattisgarh) … Non-Applicant For Applicant
Legal Reasoning
: Mr. Sudhanshu Kumar Singh, Advocate. For Non-Applicant/State : Ms. Soumya Rai, Panel Lawyer. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.08.14 19:54:53 +0530 13.08 .202 5 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 246/2025, registered at Police Station – Pulgaon, District - Durg (C.G.) for the offence punishable under Sections 296, 74 and 79 of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, is that, the victim, a B.P.Ed. Second Semester student, was attending an NCC Camp held at Borai from 08/06/2025 to 17/08/2025. On 09/06/2025, at around 6:30 PM, the 2 applicant, who was the NCC Officer of the college, allegedly called the victim to the ground and misbehaved with her. He questioned her for not responding to his calls and messages, used obscene language, touched her inappropriately, and made unwelcome advances. When the victim objected and stepped away, the accused verbally abused her, expressed unwanted affection, and threatened to ruin her future if she did not reciprocate. Following this incident, the victim lodged a complaint with the authorities, as a result of which the applicant was removed from the NCC Camp. Later, on 11/06/2025, at about 9:45 PM, the applicant again contacted the victim, used obscene language, and issued threats, which were recorded on her mobile phone. Based on her complaint, an FIR was registered under Sections 296, 74, and 79 of the Bharatiya Nyaya Sanhita (BNS), 2023, and the applicant was arrested for the aforementioned offences. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant was a P.T. Teacher in the institution since last 20 years and has maintained an unblemished service record. Some students had earlier made a complainant regarding the conduct of the victim, and he was about to made a complainant to the Principal of the institution, but the present FIR has been lodged by the complainant who is a student of the institution. Learned counsel for the applicant submits that although certain allegations have been levelled against the applicant in the statement recorded under Section 183 of BNSS, the same are 3 vague and unsubstantiated. It is also submitted that the applicant is a married person and suffers from Epilepsy, for which he has been undergoing treatment. Relevant medical in support of his medical condition have been annexed with the bail application. It is further submitted that no complaint of a similar nature has ever been made against the applicant during his two decades of service, and he has already lost his employment as a consequence of the present allegations. He further submits that the applicant has no previous criminal antecedents and he is in jail since 02.07.2025. Therefore, considering the applicant’s long-standing service, medical condition, and the nature of the allegations, he may be granted bail. 4. On the other hand, the learned State counsel opposes the bail application and submits the charge-sheet has been filed in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant was a P.T. Teacher in the institution since last 20 years, some students had earlier made a complainant regarding the conduct of the victim, and he was about to made a complainant to the Principal of the institution, but the present FIR has been lodged by the complainant who is a student of the institution, further considering the fact that although certain allegations have been levelled against the applicant in the statement recorded under Section 183 of BNSS, the same are vague and unsubstantiated, further, the applicant is a married person and suffers from Epilepsy, 4 for which he has been undergoing treatment, relevant medical in support of his medical condition have been annexed with the bail application, furthermore, no complaint of a similar nature has ever been made against the applicant during his two decades of service, and he has already lost his employment as a consequence of the present allegations, the charge-sheet has been filed and the applicant has no previous criminal antecedents and he is in jail since 02.07.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed. Let the applicant- Nilesh Tiwari, involved in Crime No. 246/2025, registered at Police Station – Pulgaon, District - Durg (C.G.) for the offence punishable under Sections 296, 74 and 79 of Bharatiya Nyaya 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 5 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 concerned for necessary information and compliance forthwith. Preeti Sd/- (Ramesh Sinha) Chief Justice