1 2025:CGHC:34704 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 885 of 2025 Rahul Anchal S/o Madhav Ram Anchal Aged About 21 Years R/o Village Basin, Tah. Malkharoda, District Sakti (C.G.) ... Appellant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station, Malkharoda, District Sakti (C.G.) ... Respondent(s) For Appellant : Mr. Anchal Kumar Matre, Advocate. For Respondent : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Ajay Kumar Chandra, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, has been filed by the applicant, who is apprehending his arrest in connection with Crime No.78/2025 registered at Police Station Malkharoda, District - Sakti (C.G.) for the offences punishable under Sections 64(1), 331(3), 115(2) of the BNS and Section 04 of POCSO Act. 2. The case of the prosecution, in brief, is that as per the FIR, the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant is alleged of molesting and making forceful physical relation with minor victim in the intervening night of 08.04.2025 to 09.04.2025 in the house of victim. On the basis of the written report of the complainant, Crime number 78/2025 has been registered against the applicant at P.S. Malkharoda for the offences punishable under sections 64(1), 331(3) 115(2) BNS and Section 04 POCSO Act and investigation is being carried out. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that the present FIR has been registered as a counter-blast against the FIR registered against the father of victim and his friends for torturing the present applicant brutally for which an FIR has been registered for the offences punishable under Section 296, 115(2), 126(2), 127(2), 191(2), 109(1), 351(2) of BNS and Section 3(1)(e), 3(1)(r), 3(1)(s) of Prevention of Atrocities (SC-ST) Act. The applicant was tied up on 08.04.2025 at about 11-12 pm in village Badarbeli by the victim's father Uncle and their Chakdhar Chandra and her companions after asking his name and address and saying that he belongs to Satnami (Scheduled Caste) community and roams around in our village at night, his hands and legs were tied and a pet dog neck-belt was tied around his neck and in the night itself he was brutally and extremely tortured in the house of Chakdhar Chandra and then in the morning he was stripped naked in the market Chowk of Badarbeli and needles were pricked in his body and his private parts and his hair was trimmed. He was scratched and beaten in front of everyone in the market. Some of 3 the photographs of the applicant who was being tortured are herewith annexed as Annexure A-2. Thereafter, the applicant somehow ran away in an injured state and saved his life and honors by covering his body with a sari curtain in the bathroom of the village house, otherwise they would have killed him by beating, torturing and humiliating him. He further submits that someone made a video of the above stated inhuman act of those people on mobile and made it viral on social media. Then the President of Satnami Samaj Malkharoda went to meet the applicant at Raigarh Medical College where he was admitted for treatment and thereafter on 11.04.2025, a named FIR was lodged against the persons who have tortured the applicant at Malkharoda police station. Thereafter, the police took immediate action and arrested the victim's father, uncle and other accomplices and sent them to jail. When an FIR was lodged against the victim's father, uncle and others and they were sent to jail, then in order to pressurize the applicant/accused and to compromise, misusing the law and hatching conspiracy by pressurizing the victim through the victim, a false complaint was lodged against the applicant in Malkharoda police station on the basis of fabricated facts and false statements and the FIR was lodged under a well-planned conspiracy, only and only because of not compromising by the applicant/accused, a case was lodged against the victim's father, uncle and others in Malkharoda police station FIR No. 76/2025 dated 11.04.2025 was not withdrawn. Therefore, the victim, under pressure from her family members, misused the law and lodged a fabricated, baseless and 4 false FIR against the applicant/accused with the intention of implicating him on the basis of false facts and statements. The, victim's father and his family members had subjected the applicant to inhumane brutality which can be seen in the news paper cutting published in the newspapers and photos. Accordingly, he prays for grant of anticipatory bail. 4. Learned counsel for the State as well as learned counsel for the objector opposes the anticipatory bail application and the submissions made by learned counsel for the applicant and further submits that from perusal of the victim's statement recorded under Section 183 of BNSS, it transpires that the present applicant has forcefully established physical relationship with the victim and thereafter, threatened her to kill if she narrate this incident to anyone. Accordingly, the present applicant is not entitled for grant of anticipatory bail. 5. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and further from perusal of the victim's statement recorded under Section 183 of BNSS, it transpires that the present applicant has forcefully established physical relationship with the victim and thereafter, threatened her to kill if she narrate this incident to anyone, on account of which the victim’s father along with his companions have assaulted the applicant by hard and blunt object by removing all his clothes and paraded all over village thereafter, shoot video clips and uploaded on social media to show their dominance in the area further FIR has been lodged against present 5 applicant for committing rape. Moreover, it transpires that there are cross case have been registered against both the parties and therefore, this Court is of the view that the present applicant is entitled for grant of anticipatory bail. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rahul Anchal, on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future. 7. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and complicance. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal