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2025 DAILYLAW 18459 (CHH)

RAMADHAR RATRE v. STATE OF CHHATTISGARH

MCRCA/556/2025 · 2025-05-07

body2025

Judgment text

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1 2025:CGHC:21496 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 556 of 2025 Ramadhar Ratre S/o Late Narayan Prasad Ratre Aged About 55 Years R/o Village Riko, Police Station Mandir Hasoud, Tahsil Mandir Hasoud, District Raipur Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer Police Station Mandir Hasoud District Raipur Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Navin Shukla, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08/05/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.118/2025, registered at Police Station Mandir Hasoud District Raipur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 74, 3(5) of Bharatiya AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Nyaya Sanhita (for short ‘BNS’) and Section 8 of Protection of Children from Sexual Offences Act, 2012. 2. As per the case of the prosecution, based on a written complaint filed by victim's father on March 27, 2025, at Mandir Hasoud Police Station, Raipur (C.G.). The complaint alleges that on March 26, 2025, while the parents were away at work, the applicant visited the victim's house and took her to his own house on a false pretext. There, he allegedly held her hand, touched her chest and waist, and tried to outrage her modesty. The victim, a 15-year-old girl, reported this to her parents upon their return. Based on this report, an FIR was registered under sections 296, 351(2), and 74 of the Bharatiya Nyaya Sanhita, 2023, and section 8 of the POCSO Act, 2012, and the matter is currently under investigation. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the case. He further submits that the applicant repeatedly asked the complainant to repay the debt for items taken from the grocery store. However, the complainant evaded payment, promising to clear the debt immediately. When the applicant requested payment during the Holi festival, the complainant asked him to wait until after the festival. After the festival, when the applicant again asked for his money, the complainant alleged that the applicant's frequent visits and requests for payment were tarnishing his family's reputation in front of their neighbors. The complainant also denied paying the 3 debt on multiple occasions. He also submits that due to the applicant's frequent visits to her house to demand payment were damaging her reputation in the village. She claimed the applicant was discussing the debt with others in the village, which was defamatory. The complainant also threatened the applicant, stating that she would teach him a lesson, due to which, present applicant been implicated in the case. Hence he prays to enlarge the applicant on anticipatory bail. 4. Learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant is alleged to have outraged the modesty of victim, who is a minor girl aged about15 years at the time, when the parents of victim were at work, therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. In compliance of the Court’s order dated 22.04.2025, victim alongwith her mother appeared through District Legal Services Authority (DLSA) and raised strong objection. 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the nature of allegation made against present applicant that he is alleged to have outraged the modesty of victim, who is a minor girl aged about 15 years at the time, when the parents of victim were at work, also considering the objection reaised by victim, who alongwith her mother appeared 4 through District Legal Services Authority (DLSA), as such, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Ramadhar Ratre, involved in Crime No.118/2025, registered at Police Station Mandir Hasoud District Raipur (C.G.) for alleged commission of offence punishable under Sections 296, 351(2), 74, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 8 of Protection of Children from Sexual Offences Act, 2012, is rejected. Sd/- (Ramesh Sinha) Chief Justice Akhil