1 2025:CGHC:39305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1196 of 2025 • Santosh Kumar Sahu S/o Banshilal Sahu Aged About 48 Years R/o Village- Torla Nawapara, Police Station- Kunda, Tahsil- Pandariya, District- Kabirdham (C.G.) ... Applicant versus • State Of Chhattisgarh Through- District Magistrate, Kawardha, District- Kabirdham (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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.35/2025 registered at Police Station – Mahila Thana, District- Kawardha (C.G.) for the offences punishable under Section 64(1), 332(b) [wrongly mentioned as 332 (B) in the order sheet], 74, 76 of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 11:12:42 +0530 2 2. Case of the prosecution, in brief, is that the victim/prosecutrix preferred a written complaint before Superintendent of Police, Kawardha, District- Kabirdham alleging inter-alia that she alongwith her husband was going to their field on 16.07.2025 at about 10.00 am morning and her husband was walking just before him and she was following him with a little distance. It is alleged that when they reached near the house of Sanat Chandrakar, then the present applicant came towards her from his field and caught hold hand and her arm and pressed her breast with intent to outrage the modesty and also torn the saree of the victim and it is alleged that due to scuffle her bangles were also broken. It is alleged that she shouted and prevented him then he abused her in filthy languages, threatened her to cause death. It is alleged that hearing the noise, her husband came there and intervened the matter. It is further alleged that before this incident on 30.04.2025 at about 9.30 pm night when she was alone in her house then the present applicant entered into her house armed with a club, pressed her mouth and forcefully committed rape upon her and threatened her to cause murder of the entire family, even if his 25 acres of land gets sold. On the basis of written report preferred by the victim/prosecutrix, the police registered an offence bearing Crime No. 35/2025 for the offence punishable under section 64(1), 332(b), 74, 76 of Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. The charge-sheet is yet to 3 be filed and matter is being investigated by the police of Police Station Thana, Kawardha, District - Kabirdham (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. it is respectfully submitted by the present applicant on 16.07.2025 he was informed by his labour that tubewell is not working properly then he along with his labour went to check the electric pole and while returning from there his long bamboo stick was touched to the prosecutrix due to which her husband started quarrel with the present applicant and after some dispute, the present applicant came to her house and just half an hour at about 10.30 in the morning, son of the prosecutrix along with his two friends entered into the house of the applicant, abused him in filthy languages and assaulted him by hands, fists and legs and assaulted father of the applicant and just after some time on information through mobile phone, police came there and both the parties were called by the police of Police Station Kunda to police station. He further submits that as per MLC report, no injury was found on the internal as well as external 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. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that that the prosecutrix is a major lady and as per MLC report, no injury was found on the internal as well as external body part of the victim, 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 – Santosh Kumar Sahu 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) 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. 5 (e) The applicant shall not involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali