Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:45397
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1340 of 2025 Chandrabhushan S/o Hemcharan Chandra Aged About 45 Years Caste Chandranahu, Resident Of Village Singhara, Police Station And Tehsil Malkharouda, District : Sakti, Chhattisgarh
... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Malkharouda, District – Sakti, Chhattisgarh. ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Sumit Singh Rajpoot, Advocate, as well as Ms. Manisha Yadav, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04.09.2025
1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 154/2025, registered at Police Station – Malkharouda, District – Sakti (C.G.) for alleged commission of offence punishable under Sections 74, 331(4) and 351(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. As per the prosecution story in brief, is that the offence was committed on 25.07.2025 and written complaint was preferred on the next day alleging RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 that the accused entered the house of the victim jumping over wall, covered her mouth and caught hold of her said he loved her, and forcibly threw her on bed pressing her breast and on the complaint of the victim, the offence was registered against he applicant. Hence, this application. 3. The learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that as per the prosecution case, it itself goes to show that the victim who is a married woman had closed the doors and went to her bedroom, and it was not possible for the applicant to enter the house when the door was closed. Therefore applicant is entitle for grant of bail. 4.
On the other hand, learned State counsel as well as learned counsel for the Objector opposed the prayer for grant of anticipatory bail and submitted that, it transpires that as per the statement of the victim recorded under Section 183 of BNSS, the applicant and entered the house of the victim in her bedroom by jumping the wall, and tried to outrage her modesty, and an alarm raised by the victim, then her husband and in-laws came to rescue her, and the applicant fled away from the place of occurrence. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts & circumstances of the case, allegations levelled against the applicant in the FIR, and from the perusal of the records available, as per the statement of the victim recorded under Section 183 of BNSS, the applicant and entered the house of the victim in her bedroom by jumping the wall, and tried to outrage her modesty, on which
3 she raised alarm and her husband and family members rescued her, and upon seeing them, the applicant fled away, thus, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Chandrabhushan, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 154/2025, registered at Police Station – Malkharouda, District – Sakti (C.G.) for alleged commission of offence punishable under Sections 74, 331(4) and 351(2) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar