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2025 DAILYLAW 22630 (CHH)

RAM MURAT KAUSHIK v. STATE OF CHHATTISGARH

MCRCA/725/2025 · 2025-05-28

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22430 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 725 of 2025 Ram Murat Kaushik S/o Mitlal Kaushik Aged About 55 Years R/o Village- Dhandhan, Tahsil And Police Station- Takhatpur, District Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station- Sakri, District Bilaspur, Chhattisgarh. ... Respondent For Applicant : Mr. Ravi Kumar Bhagat, Advocate For Respondent/State : Mr. Jitendra Shrivastava, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.5.2025 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.249/2025, registered at Police Station Sakri, Distt. Bilaspur (C.G.) for alleged commission of offence punishable under Sections 75(1) of the BNS and Section 8 of the POCSO Act. 2. As per the case of the prosecution, allegation against the applicant is that he, being the teacher of the school, committed indecent act with minor girl students. Based on the above, BINI PRADEEP Digitally signed by BINI PRADEEP Date: 2025.05.29 20:02:03 +0530 2 complaint was lodged against the applicant for the offence under Sections 75(1) of the BNS and Section 8 of the POCSO Act. 3. Learned counsel for the applicant submits that the applicant is a school teacher, aged about 55 years and also having two children. He behaved with the complainants/students like his own children. He would further submit that he has been transferred and posted in the present school as surplus teacher, hence, other teachers were not comfortable with him and they desperately wanted to get rid of him and therefore, they plotted the story and involved the students to make false complaint against him. He would further submit that the applicant is innocent and he has been falsely implicated in this offence, therefore, he is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that the applicant, being teacher of the school, misbehaved with minor girl students, aged about 13 years. Statement recorded under Section 183 of BNSS, the minor victims have deposed the act committed by the applicant against them. Therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Taking into consideration the nature of allegations made against the present applicant and also going through the statement of the minor victims, aged about 13 years, recorded under Section 183 of BNSS, which goes to show that the applicant, who is a teacher, has committed indecent act on the modesty of the minor girls, this court is of the view that looking to the heinous nature of allegation leveled against the applicant, it is not a fit case to enlarge the applicant on anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicant – Ram Murat Kaushik involved in Crime No.249/2025, registered at Police Station Sakri, District - Bilaspur (C.G.) for alleged commission of offence punishable under Sections 75(1) of the BNS and Section 8 of the POCSO Act is rejected. Sd/- (Ramesh Sinha) Chief Justice Bini