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2025 DAILYLAW 6626 (CHH)

RAVIKANT KASHYAP v. STATE OF CHHATTISGARH

MCRCA/156/2025 · 2025-01-30

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1 2025:CGHC:5633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 156 of 2025 Ravikant Kashyap S/o Aa. G. Kashyap Aged About 35 Years R/o Infront Of Gandhi Nagar Bilaspur, District Bilaspur (C.G.) At Present Village Government Higher Secondary School Sonkyari, Police Chouki Sonkyari, Police Station Sanna Tahsil Sanna, District- Jashpur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Chouki Sonkyari, Police Station Sanna, District- Jashpur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Trevenee Shankar Sahu, Advocate. For Non-Applicant(s) : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.01.2025 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 AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 connection with Crime No.02/2025 registered at Police Station Police Chouki Sonkyari, Police Station Sanna, District- Jashpur (C.G.) for the offence punishable under Section 74 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the incident occurred on the night at around 11:30 pm, when the victim stepped out of her house into the courtyard to urinate, at that moment, the applicant/accused, who is a high school teacher, tried to outrage her modesty and told her that if she wanted to save her husband, she would have to engage in a physical relationship with him, then, she cried out for help, her children came out of the house, and her husband also arrived at the scene, the applicant/accused then fled the scene, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that the applicant is a Government Teacher and as a report has been lodged against the complainant’s husband, namely, Itwari Ram Bhardwaj in Police Station Sonkyari by one Jagtri Pradhan, Assistant Grade – III of the school in which applicant is posted, due to which the complainant, out of vengeance, has filed a false report and tried to implicate the applicant. He also submits that if he will be arrested in the present case an adverse effect on his reputation as well as 3 on his physical and mental condition, hence he prays for grant of 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 the applicant/accused, who is a high school teacher, tried to outrage modesty of the complainant and told her that if she wanted to save her husband, she would have to engage in a physical relationship with him, therefore, he is not entitled for grant of 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, and the fact that though the applicant who is a high school teacher, tried to outrage modesty of the complainant and told her that if she wanted to save her husband, she would have to engage in a physical relationship with him, but applicant has no criminal antecedent and he is a Government Teacher, as such, 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 - Ravikant Kashyap, on executing a personal bond with one surety in the like sum to the 4 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/- (Ramesh Sinha) CHIEF JUSTICE Akhil