Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:15291
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 443 of 2025 Hussain Kumar Sahu S/o Kesram Sahu @ Desram Sahu Aged About 51 Years R/o Santpali, Police Station- Saraipali, District- Mahasamund (C.G.) ...Applicant
versus State Of Chhattisgarh Through - Station House Officer, Police Station- Saraipali,
District-
Mahasamund
(C.G.) ... Respondent
For Applicants : Mr. Roop Ram Naik, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 01.04.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 37/2025, registered at Police Station – Saraipali, District – Mahasamund (C.G.) for the alleged commission of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.02 12:47:41 +0530
2 offence punishable under Sections 74, 75 & 332(C) of the Bhartiya Nyaya Sanhita, 2023.
2. The prosecution's story, in brief, is that on 30.01.2025 the victim ( aged about 40 years) lodged a report against the applicant that he used to talk obscenely on mobile and on 21.01.2025 he tried to outrage her modesty by committing house trace pass.
3.
Learned counsel for the applicants submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the victim is trying to get caught in the web of love and she is mother of two children and is divorcee women. He further submits that applicant has no previous 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.
6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, the nature and gravity of the offense, and further considering the facts that the prosecutrix is a major lady and having two children and applicant
3 has no any previous criminal antecedent, therefore, I am inclined to grant anticipatory bail to the applicant.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hussain Kumar Sahu, 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) he 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 vaibhav