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2025 DAILYLAW 53876 (CHH)

SUKHERAM v. STATE OF CHHATTISGARH

MCRCA/638/2025 · 2025-05-04

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Judgment text

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1 2025:CGHC:20503 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 638 of 2025 Sukheram S/o Jayram Aged About 30 Years R/o Village Jhikey, Police Station- Bagicha District Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Office In Charge, Police Station Bagicha, District Jashpur, Chhattisgarh. ... Respondent For Applicant : Shri Sanjeev Kumar Sahu, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05/05/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.33/2025, registered at Police Station -Bagicha, District-Jashpur, Chhattisgarh, for alleged commission of offence punishable under Sections 74, 332(ग) of the Bharatiya Nyaya Sanhita 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.07 12:07:13 +0530 2 2. Case of the prosecution, in brief, is that on 18.02.2025 at about 8.00 PM the victim was sleeping with her husband, the applicant at night came in motorcycle and started asking for liquor, the victim has told that liquor is not available, then the applicant holding her hand dragged her out of the house, when she started shouting loudly, then the applicant left the motorcycle and ran away. Accordingly police officials of the police station-Bagicha has registered FIR on the basis of complaint on 18.02.2025 in crime No 33/2025 for alleged offences punishable under sections 74, 332 (ग) of the Bharatiya Nyaya Sanhita 2023 against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that there is no evidence against the present applicant and false FIR has been lodged against the applicant. He would submit that the applicant has no previous criminal record and investigation and trial is likely to take time, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that the applicant entered into the house of the victim while she was sleeping with her husband at night and asked for liquor, when she told that liquor is not available, the applicant holding her hands dragged her out of the house, when she started shouting loudly, the applicant ran away leaving his motorcycle. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, also considering the nature of allegation that the applicant entered into the house of the victim while she was sleeping with her husband at night and asked for liquor, when she told that liquor is not available, the applicant holding her hands dragged her out of the house, when she started shouting loudly, the applicant ran away leaving his motorcycle and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Sukheram, involved in Crime No.33/2025, registered at Police Station -Bagicha, District-Jashpur, Chhattisgarh, for alleged commission of offence punishable under Sections 74, 332(ग) of the Bharatiya Nyaya Sanhita 2023 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri