1 2025:CGHC:18579 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 577 of 2025 1 - Sr. Bincy Joseph D/o Joseph Aged About 51 Years R/o Village Kunkuri, Police Station And Tahsil - Kunkuri, District - Jashpur Chhattisgarh …...Applicant versus 1 - State Of Chhattisgarh Through Police Station - Kunkuri, District - Jashpur Chhattisgarh ... Non-applicant For Applicant : Mr. Kishore Narayan and Mr. Pritam Singh, Advocate For Non- applicant/State : Mr. Amit Verma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/04/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 76/2025 registered at Police Station – Kunkuri, District – Jashpur (C.G.) for the offence punishable under Sections 299, 351(2) of BNS and Section 3 & 4 of Chhattisgarh VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:49 +0530 2 Dharmik Swatantara Adhiniyam 1968 (Chhattisgarh Freedom of Religion Act 1968). 2. The prosecution story, in brief, is that complainant Amisha Bai made a complaint in the Police Station Kunkuri stating that she belongs to Hindu religion and she is studying nursing course at Holy Cross Nursing College Kunkuri since 31.03.2022. Presently, she is in the final year. She further alleged that probably after the month of May 2022 03.06.2022, the present applicant who is the Principal of the college called her to her office and told her that she should change her religion and she should become a Christian religious sister. Upon this, she refused to do so. Thereafter, it is alleged that she is threatened several times for change of religion and tried to harass her. She was expelled from the hostel on 01.04.2024 and she was not allowed to enter the college. She was deliberately shown as an absentee and a situation was created so that she could not take part in the exam. All these were done for making the complainant to change her religion. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. They also submits that the incident has taken place from 03.06.2022 to 01.04.2022, she was allegedly asked to change her religion on 03.06.2022, she did not make any complaint on this date or thereafter for 3 years, this shows that FIR is a manipulation by the complainant to put pressure on the college administration to certify her incomplete assignments and ignore 3 the lower attendance than the prescribed attendance. This cannot be done by the college authorities or the Principal as they are bound by the rules and regulation issued by the regulatory bodies. They further submits that the maximum punishment under the sections invoked against the applicant is 3 years. Her arrest may not be required. She has deep roots in the society being a long term serving Principal of a reputed college of the area and Therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case it transpires that there is long delay in lodging FIR against the applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sr. Bincy Joseph on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 4 bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali