Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 8578 (CHH)

VISHNU PRASAD SHARMA v. STATE OF CHHATTISGARH

MCRCA/224/2025 · 2025-02-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:7745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 224 of 2025 Vishnu Prasad Sharma S/o Late Shri Uday Lal Sharma Aged About 56 Years R/o Ward No. 10, Dongargaon, Tehsil Dongargaon, District Rajnandgaon (C.G.). ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station - Tumbdibod, District - Rajnandgaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. For Objector : Mr. T.S. Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2025 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. 40/2025, registered at Police Station Tumdibod, District Rajnandgaon (C.G.) for the offence punishable under Sections 75, 126(2), 351(2) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.14 10:48:47 +0530 2 2. According to the prosecution's case, the complainant filed a written complaint against the applicant, alleging that the applicant, who works as a Teacher (LB) at Government Middle School, Diwanbhedi, had been harassing her. Approximately three years ago, when the applicant found the complainant alone on the way, he spoke to her inappropriately and persisted despite her refusal. On 25.09.2023, at around 10:45 a.m., the applicant visited the complainant's school, purportedly to collect donations. At the time, the complainant was sitting alone in the ofÏce, providing a donation to the applicant. Suddenly, the applicant grabbed the complainant's hand and waist. Despite her refusal, the applicant threatened to defame her if she told anyone about the incident. Fearing repercussions, the complainant did not disclose the incident to anyone. Subsequently, on 22.01.2025, at around 7:30 p.m., when the complainant was on her way to the market, the applicant stopped her under the pretext of discussing their lack of physical relationship. He then threatened to kill her and get her suspended under false accusations, claiming that he had already gotten one person suspended. Intimidated, the complainant returned home. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant is a teacher in the government school and also done good work in the field of education for which he has been awarded by the Governor. He further submits that the instant case the complaint has been filed only with an intention to harass the applicant and the entire story as projected by the prosecution is 3 a concocted story for tarnishing the image of applicant. He further submits that the applicant and the complainant are posted in different schools having different campus and in last 16 years of service in the present school there is no such allegation against the applicant where in his school also there are other two female teachers. On the contrary in the school of complainant therein also total 2 other female teachers are posted however, no one had ever made any such complaint. He further submits that the applicant is a respectable citizen of 56 years age with good reputation and is a government servant having no criminal background and it is unlikely that the would misuse any liberty if granted bail, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector oppose the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that the applicant aged about 56 years, a government teacher has misbehaved with the victim and threatened to kill her, moreover, the applicant has already been suspended from his duties due to his conduct, therefore, without further commenting anything on merits, I am inclined 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 – Vishnu Prasad Sharma, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting OfÏcer, 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 Abhishek