Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:6879
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 206 of 2025 Ayush Singh Kshatri S/o Ashok Kumar Kshatri Aged About 24 Years R/o Village- Ward No.- 12 Masjidpara, Kargiroad Kota Distt.- Bilaspur, Chhattisgarh
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Kota, Distt. Bilaspur, Chhattisgarh
... Non-Applicant For Applicant : Mr. Nitesh Sahu, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 06/02/2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.865/2024, registered at Police Station – Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 74, 77, 279 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2 The prosecution case in brief, is that the victim lodged a report at the Kota police station, stating that on the night of 14.10.2024, around 11:30 pm, she was sitting in front of her house when Praveen Sahu (alias Thalli), son of Ashok Sahu, along with Tushar Sahu (son of Vijay Sahu), PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.02.07 15:15:39 +0530
2 Rahul Sahu (son of Santosh Sahu), a resident of Dongaripara, Kota, and Ayush Thakur, a resident of Mosque Mercury, Kota, approached her. They were allegedly intoxicated and harbored malicious intentions. The victim alleged that Tushar Sahu caught her hand, while another accused grabbed her hair and dragged her to the ground. The accused also allegedly hurled obscene abuses at her and her family members. A written report was filed in connection with this incident. 3
Learned counsel for the applicant submits that the applicant is innocent and falsely implicated in this case. He further submits that the alleged dispute is between Tushar Sahu and the complainant, the present applicant has no role to play in the story narrated by the complainant. He further submits that the co-accused, namely, Tushar Sahu has been enlarged on bail by the learned Additional Seesion Judge, Bilaspur, (C.G.). The copy of the same has been annexed as Annexure A/2. It is further submitted that the applicant has one previous criminal antecedent. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State opposes the bail application and submits that the applicant has tried to outrage her modesty. Therefore, he is not entitled to be granted anticipatory bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the statement recorded under Section 183 of Cr.P.C. of the victim girl, it is stated that the applicant has tried to outrage her modesty and the co-accused was granted regular bail by the Trial Court, but there are no grounds for granting anticipatory bail to the applicant, as such, this Court deems it appropriate to reject the
3 anticipatory bail of the present applicant. 7 Accordingly, the Anticipatory Bail application of applicant - Ayush Singh Kshatri involved in Crime No.865/2024, registered at Police Station – Kota, District - Bilaspur (C.G.) for the offence punishable under Sections 74, 77, 279 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected.
Sd/- Sd/- ( (Ramesh Sinha)
Chief Justice
Preeti