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2025 DAILYLAW 26040 (CHH)

MULCHAND LEHRE v. STATE OF CHHATTISGARH

MCRCA/868/2025 · 2025-06-16

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1 2025:CGHC:25048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 868 of 2025 1 - Mulchand Lehre S/o. Late Maniram Lahre Aged About 34 Years R/o. Village - Maldaa, Distt. Sarangarh-Bilaigarh (C.G.) ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer, Police Station - Koshir, Sarangarh-Bilaigarh (C.G.) ... Respondent For Applicant : Mr. Awadh Tripathi, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 127/2025 registered at Police Station –Koshir, District – Sarangarh (C.G.) for the offence punishable under Sections 333, 74, 296, 115(2), 351(2) of BNS. 2. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that on 21.05.2025 some quarrel took place in between the husband of the complainant and the brother of the complainant thereafter applicant lodged a report on 22.05.2025 which is marked as Annexure A/2 and after registration of the aforesaid offence VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:21 +0530 2 counter blast on dated 23.05.2025 the complainant(wife of the Sanjay) has lodged a report with the allegation that the applicant has outraged the modesty of the complainant, so non-bailable offence has been registered against the present applicant. He also submits that there is no direct or indirect nexus of the present applicant with the alleged commission and there is no material evidence which proves the involvement of the present applicant in the present case. He also submits that there are four criminal case which has been registered or pending against the applicant in Istagasa No. 68/2020 under Section 107, 116(3), Istagasa No. 14/2020 under Section 107, 116(3) and Istagasa No. 8/2020 under Section 107, 116(3) Cr.P.C which has been disposed off and in crime No. 128 of 2025 under Section 126(2), 296, 351(2), 3(5) of BNS which has been registered after the present incident. Therefore, he prays for grant of anticipatory bail to the applicant. 3. 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. 4. I have heard learned counsel for the parties and perused the materials available on record. 5. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, considering the fact that some quarrel took place in between the husband of the complainant and the brother of the complainant thereafter applicant lodged a report on 22.05.2025 which is marked as Annexure A/2 and after registration of the aforesaid offence counter blast on dated 23.05.2025 the complainant(wife of the Sanjay) has lodged a report 3 with the allegation that the applicant has outraged the modesty of the complainant, after one day of incident present FIR has been registered 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. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mulchand Lehre on executing a personal bond with 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 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 themself in any offence of similar nature in future. sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali