1 2025:CGHC:22185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 737 of 2025 1 - Ashok Kumar Tandon S/o Khiklal Tandon Aged About 23 Years R/o Village Chhatapathar Chowki, Bhanwarpur, P.S. Basna District Mahasamund Chhattisgarh 2 - Akshay Kumar Tandon S/o Khiklal Tandon Aged About 27 Years (Wrongly Mentioned As Aetram Tandon In Annexure A-1), R/o Village Chhatapathar Chowki, Bhanwarpur, P.S. Basna District Mahasamund Chhattisgarh ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Basna, District Mahasamund Chhattisgarh ... Non-Applicant For Applicants : Mr. Sudhir Kumar Sahu, Advocate For Non-Applicant : Mr. Arvind Dubey, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.128/2025 registered at Police Station- Basna, District - BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.05.21 18:46:31 +0530 2 Mahasamund (C.G.) for the offences punishable under Sections 115(2), 75(3) and 3(5) of Bharatiya Nyay Sanhita, 2023 . 2. Prosecution case in brief is that, the complainant filed a complaint to the concerned police station alleging that on the date of incident when victim went for attending Bhoj Program and at that time, accused persons have used filthy language by holding her hand for demanding her mobile number and thereafter, they have assaulted upon her brother-in-law (Jeth). Based upon such complaint, the police has been registered the offence u/s 115(2), 75(3), 3(5) of Bharatiya Nyay Sanhita, 2023 and registered against the present applicants on the basis of memorandum of the statement. 3. Learned counsel appearing for the applicants submits that the applicants are innocent persons and they have been falsely implicated in the abovementioned offence. He further submits that it is the complainant’s husband and her brother-in-law who had committed marpeet with the applicants in connection with a dispute during Bhoj program and the complainant has falsely made complaint against the applicants to save her husband and brother-in- law. He also submits that other co - accused, namely, Hetram Tandon has been granted regular bail by concerned trial Court, therefore, the present applicants are entitled to be granted anticipatory bail. 4. On the other hand, learned State counsel appearing for the Non- applicant/State opposes the prayer for grant of anticipatory bail and submits that the applicants/accused have used filthy language and 3 tried to outrage modesty of woman in public, therefore, the anticipatory bail application of the present applicants are entitled to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, the applicants said to have outraged the modesty of the complainant and also it transpires from the bail rejection order that the allegation raised against the applicants are serious in nature, and also considering the fact that the co-accused has been granted regular bail, I am not inclined to grant anticipatory bail to the applicants. 7. Accordingly, the bail application of the applicants – Ashok Kumar Tandon and Akshay Kumar Tandon, involved in Crime No. 128/2025 registered at Police Station Basna, District - Mahasamund (C.G.), for the offence punishable under Sections 115(2), 75(3), 3(5) of Bharatiya Nyay Sanhita, 2023, is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Bhumika