1 2025:CGHC:53608 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1684 of 2025 1 - Vidyashankar Jaiswal S/o Late Shri Janakram Jaiswal Aged About 31 Years R/o Kushalnagar, Ward No. 3, Sarangarh, P.S. Sarangarh, Distt.- Sarangarh-Bilaigarh (C.G.) ... Applicant Versus 1 - State Of Chhattisgarh Through Police Station - City Kotwali, Sarangarh, Distt.- Sarangarh-Bilaigarh (C.G.) ... Non-applicant For Applicant : Mr. Manoj Kumar Sinha, Advocate For Non-Applicant : Mr. Soumya Rai, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 03/11/2025 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. 474/2025 registered at Police Station – City Kotwali, District- Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 74, 351 (2), 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of prosecution in brief is that, on 16.09.2025, the complainant lodged report in the concerned police station alleging that the applicant and another co-accused person Bhavani Shankar Jaiswal at about 06:00 A.M. entered into the house of the complainant and tried to outrage her modesty and also 2 threatened the complainant to kill her if she discloses the incident to anyone. Based on the report, aforementioned crime was registered for the offence punishable under Sections 74, 351 (2), 3 (5) of Bharatiya Nyaya Sanhita, 2023 and the investigation was commenced by the concerned police station. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the present is case is a family dispute between the applicant and the complainant. He contended that on 16.09.2025 at about 6:57 P.M. the wife of the present applicant, lodged report in Police Station Sarangarh stating that when she was alone in her house, her brother-in-law i.e. Girija Shankar Jaiswal (husband of complainant Dipti Jaiswal in the present case), entered the house of the present applicant and tried to outrage has modesty and caught her chest and also threatened her for life, if she discloses about the incident to anyone. On the basis of above report, the FIR No. 473/2025 was registered at Police Station Sarangarh for the offence under Sections 74, 351 (2) of Bharatiya Nyaya Sanhita, 2023 against the present accused person Girija Shankar Jaiswal. He further submits that the accused person has been granted anticipatory bail by this Court in M.Cr.C.A. No. 1606/2025 vide order dated 16.10.2025. 4. He submits that the present complaint has been lodged with an ulterior motive to harass the present applicant without any proper material evidence or witnesses against him. He further submits that there is a dispute between the parties due to a family property and earlier also, a false report was lodged against the present applicant in Crime No. 66/2025, P.S. Sarangarh, District – Sarangarh-Bilaigarh and the applicant has been granted bail by the learned Trail Court for the said crime. He submits that a civil suit is also pending for the property before the concerned Trial Court and thus, the civil dispute is given the colour of criminal offence and thus, the applicant may be granted anticipatory bail. 3 5. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of outraging the modesty of the complainant. He submits that earlier also, the applicant tried to outrage the modesty of the complainant which was registered as Crime No. 66/2025, P.S. Sarangarh, District – Sarangarh-Bilaigarh. Further, investigation is still going and the charge-sheet has not been filed, therefore, the applicant may not be granted anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, further, the fact that accused person Girja Shankar Jaiswal has been granted anticipatory bail by this Court in M.Cr.C.A. No. 1606/2025 vide order dated 16.10.2025, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vidyashankar Jaiswal, 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) 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. (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. 4 (e) He shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY