1 2025:CGHC:51936 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1625 of 2025 Laxman Yadav S/o Tijram Yadav Aged About 30 Years R/o Village Devrikhurd Tehsil And P.S. Takhatpur Dist- Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through- The Station House Officer, Police Station Takhatpur, Dist- Bilaspur (C.G.) ... Non-Applicant For Applicant : Mr. Shivam Mishra, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 542/2025 registered at Police Station – Takhatpur, District - Bilaspur (C.G.) for the offence punishable under Sections 74, 296 and 351(2) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution's case, in brief, is that, on 26.09.2025, the complainant lodged a report at Police Station Takhatpur stating that on the night of 24.09.2025 at around 9:00 PM, she was going to a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.10.17 16:18:59 +0530 2 field near the settlement. At that time, Laxman Yadav, with the intent to outrage her modesty, grabbed her hand and arm, used obscene language, and threatened to kill her if she told anyone about the incident. He also threatened that he would get her brother-in-law, Sitaram Kaushik, who is employed, removed from his job and would break his hands and legs. Based on the complainant's report, an offence has been registered against the accused under Sections 74, 296, and 351(2) of the Bharatiya Nyaya Sanhita (BNS). 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is submitted that a counter FIR was also lodged regarding the incident, and the dispute between the parties arose over the issue of illegal water extraction allegedly being carried out by the victim's brother-in-law. Furthermore, on 24.09.2025, the victim's brother-in-law, Sitaram Kaushik, due to a mutual grudge, forcibly entered the applicant's house and recorded a video of the applicant's minor daughter, his wife, and sister while they were bathing and allegedly performing obscene acts. He then posted the video in a WhatsApp group named Hamar Gaon Deori 25 and made it viral. In this regard, the applicant’s sister submitted a written complaint at Takhatpur Police Station; however, no action was taken by the authorities. It is further submitted that the applicant has no previous criminal antecedents. Therefore, the applicant prays for the grant of anticipatory bail. 4. On the other hand, learned State counsel opposes the bail 3 application. He further submits that on the night of 24.09.2025, while the victim was proceeding towards a field near the settlement, the accused, Laxman Yadav, with the intent to outrage her modesty, wrongfully restrained her by grabbing her hand and arm, hurled obscene abuses at her, and further threatened to kill her if she disclosed the incident to anyone. The accused also issued threats against her brother-in-law, Sitaram Kaushik, stating that he would ensure his dismissal from employment and break his hands and legs. Hence, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and further the fact that there exists a counter FIR pertaining to the incident, and the dispute between the parties appears to have originated over the issue of alleged illegal water extraction by the victim’s brother-in-law, further on 24.09.2025, the victim’s brother-in-law, Sitaram Kaushik, allegedly entered the applicant’s house without permission and recorded an obscene video of the applicant’s minor daughter, wife, and sister and the said video was subsequently circulated in a WhatsApp group named Hamar Gaon Deori 25, thereby making it viral, further the applicant is stated to have no prior criminal antecedents, considering the nature of the allegations, the existence of a counter version of events, and the fact that the applicant has a clean criminal record, this Court is of the view that the applicant is 4 entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Laxman Yadav on executing a personal bond with one surety each 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 her 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of her 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)The Applicant shall not involved herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Preeti