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2025 DAILYLAW 18446 (CHH)

GOLU KAIWARTIYA v. STATE OF CHHATTISGARH

MCRCA/568/2025 · 2025-04-24

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Judgment text

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1 2025:CGHC:18585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 568 of 2025 1 - Golu Kaiwartiya S/o Late Shri Sonsingh Kaiwartiya Aged About 35 Years Occupation - Journalist, R/o Village - Tilda, Thana - Lawan, Distt. - Balodabazar-Bhatapara Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Lawan, Distt. - Balodabazar-Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Sunil Sahu, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 24.04.2025 1. The applicant has preferred this application under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 168/2025, registered at Police Station – Lawan, District – Balodabazar-Bhatapara (C.G.) for the alleged commission of offence punishable under Section74, 75(1)(ii), 296, 115(2), 351(2) of BNS 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:51 +0530 2 2. As per the prosecution story, is that complainant victim aged about 60 years had lodged the report at P.S. Lawan, District – balodabazar-Bhatapara against the applicant on 30.03.2025 against the applicant with the averment that on 30.03.2025 applicant caught hold her hand and tried to outrage the modesty of the victim when she objected the act of the applicant he abuses her. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He further submits that the prosecutrix is 60 years aged lady and she implicated the applicant in the false and fabricated case. He also submits that the applicant is a 35 years aged person working as Journalist and he did not think about such act upon the women who is in the age of his grandmother and no primafacie case has been made out against the applicant. Therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant, he 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 nature and gravity of the offence, conduct of the applicant and material on record in the case diary and also considering the fact that there is a eye witness of the incident, 3 as such, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant– Golu Kaiwartiya filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No. 168/2025, registered at Police Station– Lawan, District – Balodabazar- Bhatapara (C.G.) for the alleged commission of offence punishable under Sections 74, 75(1)(ii), 296, 115(2), 351(2) of the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali