1 2025:CGHC:51735 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1606 of 2025 Girja Shankar Jaiswal S/o Tulsiram Jaiswal Aged About 37 Years R/o Ward No. 03,baraijbhantha, Kushalnagar, Sarangarh, Tehsil Sarangarh, District Sarangarh-Bilaigarh C.G. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Sarangarh, District Sarangarh-Bilaigarh C.G. ...Non-applicant For Applicant : Mr. Manoj Kumar Jaiswal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 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. 473/2025 registered at Police Station – Sarangarh District – Sarangarh-Bilaigarh (C.G.) for the offences punishable under Sections 74, 351(2) of BNS. 2. The case of the prosecution, in brief, is that on the date of incident i.e. 15.09.2025 at about 11.00 a.m., the complainant has report concerned VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:41 +0530 2 police station against applicant that on date of incident when the victim was alone in her house and at that time, applicant has entered in her house and committed outrage of her modesty. Based upon the such complaint of the complainant, the police has registered the offence punishable 351 under section 74, 33 (2) of B.N.S. against the present applicant. 3. The applicant submits that she is innocent and has been falsely implicated in the present case,Learned counsel for the applicant respectfully submits that the applicant is an innocent person and has been falsely implicated in the alleged crime; he has not committed any offence as alleged against him. It is submitted that, in fact, on the same date of the incident, i.e., 15.09.2025 at about 10:00–10:30 a.m., the present applicant himself made a complaint to the concerned police station alleging that the complainant and her husband Bhawani Shankar quarreled with him over an electricity connection, used filthy language, and assaulted him. It is further submitted that the wife of the applicant has also lodged FIR No. 474/2025 under Sections 74, 351(2), and 3(5) of the B.N.S. against the complainant’s wife and another accused person. Both parties belong to the same caste and family and reside in the same courtyard, where a land dispute between them is already pending before the learned court below. The allegations leveled by the prosecution are false, baseless, and do not attract the ingredients of any offence punishable under Sections 74 and 33(2) of the B.N.S. It is further submitted that the investigation has been completed and the charge sheet has been filed, and it will take considerable time for the trial to conclude. Considering the material available on record, no prima facie case is made out against the 3 present applicant, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, appearing for the non- applicant/State, opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, 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 – Girja Shankar Jaiswal, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. 4 (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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav