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2025 DAILYLAW 37591 (CHH)

NOHAR CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/1151/2025 · 2025-08-06

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Judgment text

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1 2025:CGHC:39585 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1151 of 2025 • Nohar Chandrakar S/o Late Ramadhar Chandrakar Aged About 51 Years R/o - Village -Bhagbhara, Police Station -Bhagbhara, Tehsil- Bhagbhara, District- Mahasamund (Chhattisgarh) ... Applicant versus • State Of Chhattisgarh Through Police Station - Bhagbhara, District- Mahasamund, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Kashyap, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/08/2025 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.157/2025 registered at Police Station – Bhagbhara District- Mahasamund (C.G.) for the offences punishable under Sections 115(2), 333, 74, 75(1) of the BNS,2023. 2. Case of the prosecution, in brief, is that the complainant registered a written complaint against the applicant that on 18.07.2025 around VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 11:22:31 +0530 2 11:00 am applicant entered in the room of complainant and holding her hand and opening her blouse with intent to outrage her modesty. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant, the allegation levelled against the present applicant that on the date of incident he has tried to outrage the modesty of prosecutrix. He further submits that the allegation made by the prosecution are false and fabricated, further applicant is aged about 51 year old. He further submits that no injury has been found on body parts of the victim, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. She further submits that as per the statement of prosecutrix recorded under Section 183 of BNS, applicant has tried to outrage her modesty, but there is no MLC report to show that allegation made by the prosecutrix against the applicant is correct. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that there is no MLC report to show that allegation made by the prosecutrix against the applicant is correct, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nohar Chandrakar on executing 3 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) 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 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) The applicant shall not involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali