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2026 DAILYLAW 12601 (CHH)

PARAKH BANJARE v. STATE OF CHHATTISGARH

MCRCA/103/2026 · 2026-02-02

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Judgment text

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1 2026:CGHC:6086 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 103 of 2026 Parakh Banjare S/o Ghanaram Banjare Aged About 25 Years R/o Nipani, Tehsil And District - Balod, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Old Bhilai District - Durg, Chhattisgarh ... Respondent For Applicant : Shri Ishan Verma, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. For complainant : Shri Prabhat Saxena, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/02/2026 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.338/2025 registered at Police Station – Old Bhilai District - Durg, Chhattisgarh for the offences punishable under GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.04 15:04:14 +0530 2 Section 67-A of IT ACT, 2000, Section 79 of BNS, 2023 and Section 12 of POCSO Act, 2012. 2. Case of the prosecution, in brief, is that upon receipt of the complaint, Police Station Old Bhilai conducted an enquiry, during which it surfaced that an unknown person had created a fake social media ID and through the said ID, uploaded photographs of the complainant (mother of the minor victim) along with her minor children and posted obscene, objectionable and sexually explicit remarks, thereby lowering their dignity and exposing them to public humiliation, pursuant to which an offence was initially registered against the unknown person under Section 67 of the Information Technology Act, 2000 and investigation was commenced; thereafter, on an application submitted by the Complainant on 29.10.2025 under Sections 173(4), 175(3) and 178 of the Bharatiya Nagrik Suraksha Sanhita 2023, and learned Court directed Police Station Old-Bhilai to register the offence and submit the final report within two months, and in compliance thereof Police Station Old Bhilai submitted Report No. 2506/25 dated 05.11.2025 stating that FIR No. 338/25 had already been registered under Section 67(A) of the IT Act on the earlier complaint of the mother of the complainant, and after vide order dated 29.10.2025 learned Court directed addition of Section 79 of the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the Protection of Children from Sexual Offences Act, 2012. 3 3. Learned counsel for the applicant submitted that the mother of the complainant has been arrested in a case under Section 384 IPC lodged by the applicant against the mother of the complainant. Thereafter, it is stated that she has been granted bail. Hence in retaliation, the present complaint has been filed by the complainant just for harassment of the applicant, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the objector opposes the prayer 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, submission of learned counsel for the parties, materials available on record, further considering the fact that mother of the complainant was arrested in a case under Section 384 IPC lodged by the present applicant and was subsequently enlarged on bail, thereafter the present complaint has been lodged, considering the fact, without commenting anything on the merits of the case, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Parakh Banjare, on executing a personal bond and 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) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri