1 / 4 2025:CGHC:28731 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 874 of 2025 1 - Rahul Sharma S/o Prempal Sharma Aged About 51 Years Resident Of Sailini Pairadais, Daldal Seoni, Mowa, Pandri, District Raipur (C.G.) 2 - Sonia Sharma W/o Rahul Sharma Aged About 40 Years Resident Of Sailini Pairadais, Daldal Seoni, Mowa, Pandri, District Raipur (C.G.) .. Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station- Pandri, District- Raipur (C.G.) ... Non-Applicant For Applicants : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Sachin Nidhi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicants, who have been apprehending his arrest in connection with Crime No. 83/2025 registered at Police Station – Pandri, District – Raipur (C.G.) for the offence punishable under Sections 75, 296, 351(3), 3(5) of BNSS 2023 and Section 12 of POCSO Act, 2012. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 18:39:37 +0530 2 / 4 2. The prosecution story in brief is that on 29.04.2025, the mother of prosecutrix lodged report at Police Station, Pandri to the effect that she is living in Sailani Paradise, Daldal Sivni, Pandri, Raipur. On 22.04.2025 the accused Akshay Sharma, Ishan and Adarsh who are also living in same society, have threatened the daughter of complainant to beat her and her mother with the help of club. On same day, the accused including 6-7 ladies of same society have assaulted with the daughter of complainant. On 23.04.2025 someone has written in the lift that "I will kill you" and thereby the accused persons have given mental and physical harassment to the daughter of complainant. On the basis of said report, the aforesaid offences have been registered against the applicant and other co-accused. 3. Learned counsel for the applicants submits that the present applicants are innocent and have been falsely implicated in this case. He further submits that the complainant has made false complaint against the applicants and other persons living in the Salini Paradise Society, Raipur against which the persons living in the said Society have also made complaint before the Superintendent of Police. Further, the essential ingredients of the alleged offences are not attracted against the applicants. It is further stated that there is almost a delay of one week in lodging FIR and there is no explanation about the delay. Therefore, he prays for grant of anticipatory bail to the present applicants. 4. On the other hand, the learned State counsel opposes the bail application. 3 / 4 5. Learned counsel for the objector opposes the anticipatory bail application of the present applicants. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and submissions made by learned learned counsel for the parties, and further considering the nature of allegations, and the fact that the present applicants are the parents of the main accused Akshay Sharma whose anticipatory bail application has been rejected by this Court, further, the complainant, victim and the applicants are the residents of the same society, and there is no direct evidence against the applicants, I am inclined to grant anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No.1 & 2 - Rahul Sharma & Sonia Sharma respectively 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) They 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) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 applicants and the surety shall submit a copy of their 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 / 4 (e) They shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav