Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12053
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 253 of 2025 Banti Ratre S/o Dwarika Prasad Aged About 25 Years R/o Ward No. 1 Sakti, Police Station Sakti, District- Sakti, (C.G.)
... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station Sakti, District- Sakti, (C.G.)
... Respondent For Applicant : Shri B.L. Sahu, Advocate. For Respondent/State : Shri Bharat Kumar Gulbani, PL. For objector : Shri Pragalbha Sharma, Advocate.
Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 11/03/2025
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.431/2024, registered at Police Station Sakti, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.12 17:36:16 +0530
2 District-Sakti (C.G.) for alleged commission of offence punishable under Sections 74 of BNSS & Section 8 of POCSO Act.
2. Case of the prosecution, in brief, is that mother of the victim who is a minor girl lodged a report at Police Station Sakti alleging that on the date of incident i.e. on 03.12.2024 at about 05:30 PM daughter of complainant went to the grocery shop for purchasing some groceries, while she was returning, applicant caught hold of the hand of the victim and tried to outrage her modesty, he also tried to take the victim with him, when she shouted applicant ran away in fear. Thereby offence has been committed u/s 74 of BNSS & Section 8 of POCSO Act.
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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He would submit that the applicant and victim were having love affair. He would submit that the applicant is working as a driver at Raipur since 6 months and for about 6 months he has not come to Sakti and during the date of incident he was at Raipur. He would submit that the applicant is a permanent resident of Sakti and there is no chances of his fleeing away. Hence he prays to enlarge the applicant on anticipatory bail.
4. On the other hand, learned State counsel as well as learned counsel for objector opposed the prayer for grant of anticipatory bail.
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5. I have heard learned counsel for the parties and perused the case diary.
6. Taking into consideration the nature of allegation made against the present applicant and gravity of offence that the applicant tried to outrage the modesty of victim who is a minor girl and also tried to take the victim with him, when she shouted, the applicant ran away from the spot, I am not inclined to grant anticipatory bail to the applicant. Accordingly, the anticipatory bail application of the applicant - Banti Ratre, involved in Crime No.431/2024, registered at Police Station Sakti, District-Sakti (C.G.) for alleged commission of offence punishable under Sections 74 of BNSS & Section 8 of POCSO Act is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice gouri