1 2025:CGHC:10858 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 304 of 2025 Hitesh Bhai Patel S/o Shri G.B. Patel Aged About 68 Years At- E9, Malviya Nagar, Near J.J. Nursing Home, Durg, Tehsil And District Durg, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, P/s D.D. Nagar, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate. For Non-applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.50/2025 registered at Police Station – DD Nagar, District- Raipur (C.G.) for the offence punishable under Sections 74, 296, 351(3), 115(2) of the BNS. 2. Prosecution case, in brief is that the victim lodged a written complaint before the concerned police station on 04.02.2025 against the accused stating therein that she is a resident of KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Jagdalpur, District Bastar and due to illness, she came to her brother's house in Raipur in the year 2024 and after feeling well, on the date of incident i.e. 25.01.2025 she went to Tito's bar along with her friend where the applicant at about 11:30 to 12:00 AM tried to get acquainted with her and represented himself as Hitesh Patel and thereafter tried to molest her. She also narrated in her written complaint that while such molestation, the applicant also told her his mobile number and asked her to make video call and when she resisted, the applicant abused her with filthy language and also tried to intimidate her and her friend. On the basis of such incident, FIR has been registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that from perusal of the written complaint, it is apparent that the incident according to the victim took place on 25.01.2025 whereas the FIR of the offence was reported on 04.02.2025 i.e., after almost 10 days which itself makes it apparent that the applicant has been falsely implicated with ill motive to extort. It is also highly surprising that during the act of molestation, the applicant told certain mobile number to the victim and she remembered the same only after hearing it once. He further submits here that the victim was unknown to the applicant and on the date of incident, a simple quarrel broke out between the applicant a person named Kathuriya when the applicant asked to low the volume of DJ running at the place thereafter, on 3 26.01.2025 one Sheikh Asif r/o Devendra Nagar called the applicant through mobile No. 96440xxxxx and asked him to come to his office for amicable settlement of the aforementioned dispute. It is also worth highlighting here that the aforementioned person illegally demanded 15 lakh rupees from the applicant and when the same was denied by the applicant, a false report through the victim has been lodged against him. He also submits that when the aforementioned complaint came to the knowledge of the applicant, he not only participated in the investigation, but also moved a complaint before the Senior Police Officials and the SHO of the concerned Police Station stating that he has been implicated under conspiracy and therefore, the matter be investigated by higher officials. He also mentioned in his complaint that no such molestation ever occurred as stated by the victim and a simple quarrel broke out between him and on Kathuriya and therefore he prayed to the Investigating Agency that CCTV footage of the date and time of incident be obtained in investigation to ascertain the actual truth as to why he has been implicated but to his utter surprise, the police officials instead of investigating the actual crime are more inclined in arresting the applicant despite the fact that none of the alleged offences are punishable with imprisonment of for more than 7 years. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the anticipatory bail application and 4 submits that from perusal of the case diary, it appears that the applicant is making obscene remarks and gestures towards the victim, touching her chest, using filthy language, making nude video calls and threatening to kill her. The documents presented by the prosecution prima facie indicate the applicant's involvement in the said offence. Hence, 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. 6. Considering the facts and circumstances of the case, nature and gravity of offence levelled against the applicant and also considering the victim’s statement recorded under Section 183 of the BNS and further the fact that the victim is a major girl aged about 20 years and the present applicant is a journalist aged about 68 years and there is inordinate delay in lodging the FIR for which no explanation has been offered in this regard and the applicant has three criminal antecedents out of which in two cases, the applicant has been acquitted and one case is still pending, which has been explained in his bail application, hence, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Hitesh Bhai Patel, on executing a personal bond and one surety in the like sum to the 5 satisfaction of the arresting Officer, he shall be released on anticipatory 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 their 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal