HIMANSHU URF NITESH VISHWAKARMA v. STATE OF CHHATTISGARH
MCRCA/798/2025 · 2025-06-26
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DailyLaw.ai
[ 2025 DAILYLAW 24297 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24297 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28749
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 798 of 2025 Himanshu Urf Nitesh Vishwakarma S/o Awadhesh Vishvakarma Aged About 24 Years R/o Dayalband, P.S. City Kotwali, Tehsil And District Bilaspur Chhattisgarh
... Applicant versus State Of Chhattisgarh Through- Police Station City Kotwali, District - Bilaspur Chhattisgarh
... Respondent For Applicant : Shri Krishna Kumar Khatri, Advocate. For Respondent/State : Ms. Ankita Shukla, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 27/06/2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.28 20:57:46 +0530
2 Crime No.1005/2024 registered at Police Station –Civil Line, Bilaspur (CG) for the offences punishable under Sections 74, 79, 296, 351, 115 of BNS.
2. Case of the prosecution, in brief, is that a case was registered against the applicant at Police Station Civil Line, District Bilaspur (Chhattisgarh) for allegedly attempting to outrage the modesty of a girl. The police are attempting to arrest the applicant, who has filed an application for anticipatory bail before the Sessions Judge, Bilaspur, Chhattisgarh. The application was transferred to the Second Additional Sessions Judge, who dismissed the anticipatory bail application after finding prima facie evidence. Feeling aggrieved, the applicant has filed a bail application before this Court.
3.
Learned counsel for the applicant submitted that the victim is a major girl and there was some relationship developed between the two and it is stated that she had gone to meet some person in jail due to which some annoyance was caused to the parties, hence the present FIR has been lodged. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, perused the statement of the victim/complainant and also considering the nature of allegation levelled against the applicant and considering the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Himanshu Urf Nitesh Vishwakarma on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which
4 shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice
gouri