1 2025:CGHC:56437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1648 of 2025 Sitaram Kaushik S/o Sakhanlal Kaushik Aged About 39 Years R/o Village - Deorikhurd, Post - Kathakoni, Police Station And Tahsil - Takhatpur, District - Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Takhatpur, District - Bilaspur, Chhattisgarh ... Respondent For Applicants : Mr. Dharmesh Srivastava, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel lawyer. For Objector : Mr. Nitesh Sahu , Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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. 543/2025 registered at Police Station – Takhatpur District - Bilaspur (C.G.) for the offences punishable under Sections 77 and 331(3) of the Bhartiya Nyaya Sanhita, 2023 and Section 12 & 15(2) of the Protection of Children from Sexual offences Act, 2012. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:36 +0530 2 2. The prosecution in brief is that on 26.09.2025 a report was lodged by the complainant alleging inter-alia that she was taking bath in his house on 24.09.2025, then the present applicant entered into her house and started making video and making obscene gesture, he was raising water pipe, then the complainant entered into a room and thereafter the present applicant also made video of her sister-in-law (Bhabhi) who was getting bath to her children and washing clothes and it was further stated that the children were nude. It is alleged that the complainant and family members tried to intervene and the present applicant was asked to go back as only female members were there in the house, despite request, the present applicant spread the video through whatsapp. On the basis of the report lodged by the complainant, the police registered First Information Report bearing Crime No. 543/2025 under 77, 331(3) of Bharatiya Nyaya Sanhita, 2023 and Section 12, 15(2) of Protection of Children from Sexual Offences Act, 2012 against the present applicant and investigation was initiated. The charge-sheet has not been filed and matter is being investigated by the police of Police Station Takhatpur, District - Bilaspur (C.G.). 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the That, the present applicant is innocent and has not committed any offence, and he has been falsely implicated in the instant case. It is respectfully submitted that the sister-in-law (Bhabhi) of the applicant had lodged a report against one Laxman Yadav alleging commission of offences punishable under Sections 74, 296, and 351(2) of the Bharatiya Nyaya Sanhita, 2023, for the incident dated 24.09.2025 at about 9:30 p.m., and the said report was registered on 3 26.09.2025 bearing Crime No. 542/2025 at Police Station Takhatpur, a copy of which is annexed as Annexure A-2. It is further submitted that the applicant is a government servant and a disabled person having 65% permanent disability, and therefore deserves the benefit of anticipatory bail, particularly when the present false report has been lodged as a counterblast to the earlier FIR lodged by his sister-in-law. The applicant further submits that on 07.10.2025, his sister-in-law along with other villagers submitted an application before the Superintendent of Police seeking fair and impartial investigation, stating that no offence has been committed by the applicant and that a false and fabricated report has been lodged against him. The applicant further submits that he was not present at the spot at the relevant time, there is no material on record to constitute any prima facie case against him, and the allegations have been levelled only due to family disputes and as a counterblast to Crime No. 542/2025. It is further submitted that the applicant belongs to an esteemed family and his arrest would cause irreparable harm to his reputation. The applicant undertakes to furnish adequate surety and abide by all conditions imposed by this Hon’ble Court, and there is no apprehension of tampering with prosecution witnesses in the event of his release on bail. Any other relevant grounds shall be urged at the time of final hearing, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application of the applicant. 4 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and materials available on record, without further commenting anything on merits, this Court find it appropriate 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 applicant – Sitaram Kaushik, 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. (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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav