1 2025:CGHC:31063 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 980 of 2025 Birbal Banjare S/o Rupsay Aged About 37 Years By Caste- Harijan, R/o Village Gonda, Chamelidadh, P.S. Pratappur, Distt- Surajpur (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Station Pratappur, Distt- Surajpur (C.G.) ... Respondent For Applicant : Shri Sharda Prasad, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 07/07/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, for grant of anticipatory bail, apprehending his arrest in connection with Crime No.37/2024, registered at Police Station Pratappur, District : GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.09 18:40:29 +0530 2 Surajpur (C.G.) for alleged commission of offence punishable under Section 457, 354, 323 of IPC. 2. As per the case of the prosecution, on 13.01.2024, when the victim was sleeping along with her children in her house and his husband went to field for irrigating wheat crops then present applicant came in her house and tried to touch hand of victim then the victim called her family member, then the present applicant threatened to kill her and sustain injury by wooden stick on her head thereafter the victim narrated the incident to her husband. The FIR U/S 457, 354, 323 of I.P.C. were lodged against the present applicant 3. Learned counsel for the applicant submits that the applicant is the brother-in-law of the victim (jeth) and allegation against the present applicant is that while the husband of the victim was in the agricultural field and had gone to water his field, the applicant had entered her house and had tried to outrage her modesty and further when she resisted she was assaulted by the applicant by danda. He would further submit that due to some dispute, there was simple quarrel between the victim and present applicant but the alleged false allegation has been made by the victim only with intention to send jail to the present applicant. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further pointed out that the applicant 3 has absconded for a year and has not surrendered and charge sheet has been submitted against him as an absconder, therefore the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, considering the fact that the applicant who happens to be the brother-in-law of the victim (jeth) and while the husband of the victim was in the agricultural field and had gone to water his field, the applicant had entered her house and had tried to outrage her modesty and further when she resisted, she was assaulted by the applicant by danda and the medical examination report of the victim goes to show that six injuries she received out of which some of them are swelling, contusion, lacerated wound & abrasion, also considering the fact that the applicant has absconded for a year and has not surrendered and charge sheet has been submitted against him as an absconder and he has now come up before this Court for grant of anticipatory bail, therefore, this Court does not find it to be a fit case to enlarge the applicant on anticipatory bail. 7. 7. The Supreme Court, in Lavesh v. State (NCT of Delhi), reported in {(2012) 8 SCC 730} and State of Madhya Pradesh v. Pradeep Sharma, reported in {(2014) 2 SCC 171}, has observed that where the 4 accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail. 8. Accordingly, the anticipatory bail application of the applicant - Birbal Banjare, filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, involved in Crime No.37/2024, registered at Police Station Pratappur, District : Surajpur (C.G.) for alleged commission of offence punishable under Sections 457, 354, 323 of IPC, is rejected. Sd/-Sd/- (Ramesh Sinha) Chief Justice gouri