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2025 DAILYLAW 10439 (CHH)

SURAJ KUMAR RUCHANDANI v. STATE OF CHHATTISGARH

MCRCA/287/2025 · 2025-03-03

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Judgment text

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1 2025:CGHC:10281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 287 of 2025 Suraj Kumar Ruchandani S/o Mohanlal Ruchandani Aged About 48 Years P.S. Tarbahar, R/o Flat No. A.F. 202 Sumangal Apartment, Link Road, Bilaspur, P.S. Tarbahar, District- Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station - Civil Lines, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sunil Otwani, Advocate along with Mr. Shobhit Koshta, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 340/2025 registered at Police Station – Civil Lines, District – Bilaspur (C.G.) for the offence punishable under Section 74 of the Bhartiya Nyay Sanhita (BNS). 2. As per the prosecution's story, in brief, is that the complainant filed a report at the concerned police station, alleging that she had been ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.04 10:44:17 +0530 2 working at the applicant's shop for the past couple of years. On 29.01.2025, the applicant allegedly used criminal force against her with the intention of outraging her modesty. Based on this complaint, an offense under Section 74 of the Bharatiya Nyaya Sanhita (BNS) was registered against the applicant. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the applicant neither used criminal force against the complainant nor intended to outrage her modesty. It is further submitted that it is an admitted fact that the complainant was an employee of the applicant. On the date of the incident, a dispute arose regarding payment of salary, resulting in the complainant lodging a false and fabricated complaint against the applicant. Additionally, counsel submits that the complainant had been absent from duty for 20 days prior to the incident. The applicant had called the complainant to inquire about her absence, and on the same day, the complainant arrived at the applicant's shop, demanding payment for 20 days of salary, despite being ineligible due to her unapproved absence. He also submits that the applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application of the present applicant and submits that the present applicant has outrage the modesty of the complainant, therefore, the present applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, and particularly the fact that a dispute regarding payment of salary arose on the date of the incident, prompting the complainant to lodge an FIR against the present applicant. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Suraj Kumar Ruchandani, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek