1 2025:CGHC:55367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1768 of 2025 Kishore Chauhan S/o Shri Rohit Chauhan Aged About 33 Years R/o Village- Chhote Haldi, P.S. And Tahsil Pusour, Distt. Raigarh (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station- Pusour, Distt. Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Kumar Sinha, Advocate For Non-Applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 13/11/2025 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. 281/2025 registered at Police Station – Pusour, District- Raigarh (C.G.) for the offence punishable under Sections 74, 351 (2), 331 (3) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of prosecution in brief is that, on 10.10.2025 at about 10:00 A.M, when the complainant/victim was alone at her house, at that time, the applicant came to the house of victim and asked her to pluck drum stick, when the applicant found that the victim is alone in her house, he tried to outrage the modesty of victim and caught hold of her hands with an intention to commit 2 sexual assault. When the victim shouted, the applicant fled from her house and subsequently, she lodged report in the concerned police station. Based on the report, aforementioned crime was registered for the offence punishable under Sections 74, 351 (2), 331 (3) 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 the complainant’s family is illegally selling liquor which was reported by the applicant in the concerned police station and on account of which, the applicant has been falsely implicated in the present case. He contended that the family of the complainant are involved in the offences punishable under the Excise Act, 1915 and only on enmity, they have lodged report. There is no prima facie material available against the applicant and therefore, he prays for anticipatory bail to the applicant. 4. 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. She submits that the applicant and the family of the complainant are well acquainted to each other and there is no ground that the applicant has been falsely implicated. Further, investigation is still going and the charge-sheet has not been filed, therefore, the applicant may not be granted anticipatory bail. 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, nature of dispute and material available in case diary, further, the fact that the applicant has also informed the concerned police station about the illegal sale of liquor by the complainant’s family, as such, 3 without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kishore Chauhan, 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. (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