Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32135
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 909 of 2025 Haldhar Van Goswami S/o Dilan Goswami Aged About 30 Years R/o Village Kharwani Chhote, Tahsil And Police Station Sarangarh District Sarangarh Bilaigarh Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarangarh,
District
Sarangarh
Bilaigarh
Chhattisgarh ... Non-applicant
For Applicant : Ms. Prachi Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 10.07.2025
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. 240/2025, registered at Police Station Sarangarh, District – Sarangarh - Bilaspur (C.G.) for the offence punishable under Section 74, 78(2), & 79 of BNS, 2023 and Section 8 & 12 of Protection of Children from Sexual Offences Act. 2. As as per prosecution story in brief is that, the prosecutrix who is minor, when she was going to school, the applicant came behind her and by VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.11 15:52:29 +0530
2 stating that she looks beautiful committed teased her and also threatened to abduct her and also on 23-05-2025 in the morning at 8.00 AM, when the prosecutrix went to her field, at that time also, the applicant came there and abused her and also tried to beat her, whereas at the same time, when uncle of prosecutrix came there, he absconded, subsequently the prosecutrix consumed pesticides, who admitted to the Hospital for three days, cause of which the complaint lodged against the applicant for the offences as mentioned above. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. She submits that the applicant denies all allegations, asserting innocence and stating that he neither committed nor participated in any offence of the nature alleged. It is submitted that the applicant never teased or threatened the prosecutrix. Both reside in the same village, and on one occasion, the applicant asked the prosecutrix to return home when he saw her with two boys near Makari Dam. This information was conveyed to her father, who reprimanded her, allegedly leading her to consume pesticides.
Following her treatment, the prosecutrix’s family demanded a heavy sum from the applicant, and when the demand was not met, they lodged the complaint against him. The applicant is engaged in the furniture business, supporting his entire family, and has no previous criminal record. He is a reputed member of the locality, and his arrest would damage his reputation. The applicant reserves the right to raise further grounds and produce documents during the hearing. He is willing to furnish adequate surety and abide by any conditions imposed by this Hon’ble Court. Lastly, the applicant is a permanent resident of the address mentioned and is not likely to
3 abscond. Therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. Father of the victim appeared through video conferring from the concerned DLSA and raised no objection to release of the applicant on bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the submissions made by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, and no objection raised by father of the victim to grant anticipatory bail to the applicant, this court, without further consideration on the merits, is inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Haldhar Van Goswami, Porte 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) 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. 4 (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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav