1 2025:CGHC:57797 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1861 of 2025 Ku. Nikki Vishwakerma D/o Shri Laxmi Narayan Vishwakerma Aged About 25 Years R/o Lalita Chowk, Near Santoshi Mandir, Badhaie Para, P.S. - Azad Chowk, Raipur, District (Revenue And Civil) - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station - Ganj, District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Yogesh Pandey, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.280/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Ganj, District - Raipur (C.G.) for the offence punishable under Sections 333, 296, 115(2), 351(2) of BNS. 2. Prosecution case in brief is that the applicant/informant, who runs a hardware shop named Hindustan Pipe and Lifting Equipments, lodged an FIR on 30.10.2025 regarding an incident that occurred on 29.10.2025. The prosecution alleges that the accused, Nikki Vishwakarma, worked as a computer operator in the informant’s shop from 2021 to 2025 and, after leaving the job, repeatedly visited the shop pressuring him to re-employ her. On 29.10.2025, around 1:00 PM, the accused allegedly entered the informant’s cabin with a steel bottle, abused him using obscene language, threatened to ruin him and to kill him, and then assaulted him by hitting the bottle on his face, causing a cut injury on his upper lip. He was taken by staff to Kalda Hospital for treatment, and after treatment the FIR was lodged the next day. As the injury was found to be grievous, Section 118(2) BNSS was added. Subsequently, on 08.11.2025, the accused also filed a counter- FIR against the informant under Sections 69 and 351(2) BNSS, alleging that he had falsely promised marriage, sexually exploited her between 10.04.2022 and 07.09.2025, and later threatened and pressured her. The investigation in both cases is still incomplete. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. 3 He further submits that the present applicant had earlier lodged an FIR bearing Crime No. 02/2025 at Police Station Azad Chowk, Raipur (C.G.) against the complainant, Birendra Jaiswal, for offences under Sections 69 and 351(2) of the BNS, alleging that the complainant had sexually and physically harassed her by deceitfully representing himself as an unmarried man and expressing his desire to marry her. On the basis of such false assurance and inducement, the complainant allegedly subjected the applicant to sexual exploitation, a certified copy of the FIR filed by the applicant is annexed herein as Annexure A-3, and against the said FIR, the complainant has preferred anticipatory bail application before this Court. He also submits that the complainant subsequently called the applicant to resume her employment, with the intention of continuing sexual harassment. During the said incident, the applicant, in a state of distress, threw her water bottle on the table, which accidentally bounced and struck the complainant on his face, resulting in a minor lip injury. There was neither intention nor motive on the part of the applicant to cause harm. The CCTV footage corroborates that the bottle rebounded unintentionally before hitting the complainant. The present case has been instituted by the complainant as a counterblast to the FIR lodged by the applicant, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant is 4 alleged to have entered the complainant’s shop, abused him using obscene language, threatened to kill him, and assaulted him by throwing or striking a steel water bottle, causing injury to his upper lip. Therefore, she is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to have entered the complainant’s shop, abused him using obscene language, threatened to kill him, and assaulted him by throwing or striking a steel water bottle, causing injury to his upper lip, but considering the fact that the injury sustained by the complainant/injured is found to be simple in nature, and the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ku. Nikki Vishwakerma, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) She 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 her from disclosing such fact to the 5 Court. (b) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil