1 2025:CGHC:50938 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1602 of 2025 Dev Kumari Sarthi W/o Mangal Sarthi Aged About 30 Years R/o Ward No. 25, Janjgir And Tehsil Janjgir District- Janjgir- Champa (C.G.) (Wrongly Mentioned As Village Ward No. 25 Impugned Order) ...Applicant versus State Of Chhattisgarh Through P.S. Sheorinarayan District- Janjgir- Champa (C.G.) ...Non-applicant MCRCA No. 1501 of 2025 Mangal Sarthi S/o Rajkumar Sarthi Aged About 35 Years R/o Ward No. 25 Janjgir P.S. And Tahsil Janjgir District- Janjgir-Champa (C.G.) ...Applicant versus State Of Chhattisgarh Through Police Station Sheorinarayan District- Janjgir-Champa (C.G.) ...Non-applicant For Applicants : Mr. F. S. Khare, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.10.2025 1. This the first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.17 11:33:42 +0530 2 applicants, they have been apprehending their arrest in connection with Crime No. 263/2025 registered at Police Station – Sheorinarayan District – Janjgir-Champa (C.G.) for the offences punishable under Sections 137(2), 87, 65(1) of BNS and Section 06 of the POCSO Act 2012. 2. The prosecution story in brief is that the complainant lodged a report at P.S. Sheorinarayan on 05.07.2025 that her minor daughther aged about less than 16 years went to school on 04.07.2025 but did not return till evening and unknown person has abducted her. On the basis of report, the police registered the aforesaid offences. On 07.07.2025 the complainant/father of victim brought the victim to police station where she was recovered from custody of father himself. The victim stated on 08.07.2025 before the Child welfare samiti that on 04.08.2025 the accused Nageshwar Sarthi had taken. her on motorcycle to house of maternal aunt/"mousi" where the accused Nageshwar Sarthi mad physical relation forcefully on pretext of marriage. The memorandum statement of accused Nageshwar Sarthi was recorded on 18.08.2025 in which he has also stated that he had taken the victim to house of his Maternal uncle & Aunt/"Mousa & Mousi" and during stay mad physical relation with victim. The present applicant is maternal uncle/Mousa of the accused Nageshwar Sarthi. On the basis thereof the police registered the crime against the present applicant. 3. Learned counsel for the applicants respectfully submits that both the applicants have been falsely implicated in the present case and they 3 have no connection whatsoever with the alleged offence. It is submitted that applicant No.1 has been implicated only because she is the maternal aunt (Mousi) of co-accused Nageshwar Sarthi, and applicant No.2 has been unnecessarily roped in without any cogent evidence or specific allegation against him. Both the applicants have not played any role in the alleged incident. It is further submitted that during the course of investigation, the statement of the victim was recorded by the police, in which no allegation was made against either of the present applicants. A copy of the said statement is filed herewith. Learned counsel further submits that the co-accused Nageshwar Sarthi has already been granted regular bail by the learned court below vide order dated 26.08.2025, a certified copy of which is filed. The charge sheet in the matter has already been filed, and though the police have mentioned that the applicants were absconding, in fact, both the applicants were never absconding. It is also submitted that applicant No.1 is the only lady member in her family, and her arrest would cause immense hardship to her entire family including her children. Both the applicants are permanent residents of the addresses mentioned in the cause title, and there is no possibility of their absconding or tampering with the prosecution witnesses. The applicants are ready and willing to furnish adequate sureties and bail bonds to the satisfaction of this Hon’ble Court and undertake to abide by all the directions and conditions which may be imposed by this Hon’ble Court while granting bail to them. 4. On the other hand, learned State counsel opposes the submissions made by the learned counsel for the applicant. 4 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 made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, further considering the fact that main accused Nageshwar Sarthi has already been granted regular bail by the learned trial court vide order dated 26.08.2025, without commenting further on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Dev Kumari Sarthi & Mangal Sarthi on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. 5 (d) the applicants and the surety shall submit a copy of their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav