Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:28745
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 812 of 2025 Ram Vilas Sahu S/o Duj Ram Sahu Aged About 53 Years R/o Village- Khaira, P.S. - Kasdol, District- Balodabazar-Bhatapara Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Kasdol, District- Balodabazar-Bhatapara Chhattisgarh.
... Respondent For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Shri Amit Verma, PL. For complainant : Shri Sunil Sahu, Advocate.
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 Crime No.337/2025 registered at Police Station – Kasdol, District- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.29 12:21:12 +0530
2 Balodabazar-Bhatapara Chhattisgarh for the offences punishable under Sections 296, 74, 3(5) of Bharatiya Nyay Sanhita, 2023.
2. Case of the prosecution, in brief, is that the complainant has made complaint to the concerned police station alleging inter-alia is that on the date of incident, there was dispute in between parties with regard to demolition of the house/land and thereafter, the accused persons used filthy language and committed outrage of her modesty. Based upon such complaint, the police has registered against the accused persons in offence u/s 296, 74, 3(5) of Bharatiya Nyay Sanhita, 2023 and registered FIR against the present applicant on the basis of memorandum statement.
3.
Learned counsel for the applicant submitted that there are cross reports of the incident and it is stated that because of previous animosity between the parties present FIR has been lodged giving a serious colour to the incident by introducing the allegation for outraging modesty of the victim/complainant. 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 as well as learned counsel for the complainant 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, considering the fact that there are cross reports of the incident and 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 – Ram Vilas Sahu 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 shall be verified by the trial Court.
4 (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice
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