1 2026:CGHC:17869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 379 of 2026 Yudhan Prasad Jaiswal S/o Lalji Prasad Aged About 58 Years R/o Ward No.09, Village Odari, Bartikala Police Station Chowki Wadrafnagar District - Balrampur-Ramanujganj, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. - Basantpur, District - Balrampur-Ramanujganj, Chhattisgarh. ---Non-Applicant (Cause Title taken from Case Information System) For Applicant : Mr. Nishikant Sinha, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.04.2026 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant in connection with Crime No.20/2026 registered at Police Station- Basantpur, District- Balrampur- Ramanujganj (C.G.) under Section 74 of BNS and 7,8 of POCSO Act. 2. Case of the prosecution, in brief that on 05.02.2026, an FIR was lodged alleging that the applicant, a lecturer, while examining the Digitally signed by AMIT PATEL Digitally signed by AMIT PATEL 2 classwork of the victim in the classroom, allegedly made physical contact with the victim’s chest by brushing it with his elbow and engaged in conduct that caused her discomfort. The incident was reportedly communicated to her parents upon her return home, following which the FIR was filed. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and he is innocent and had neither committed nor participate in the above said crime and there was no intention or motive of the applicant to commit the crime. The applicant, who is a Lecturer, was conducting a class test for Class 12 students in preparation for the board examinations. During the test, the victim was allegedly attempting to copy answers from an Answer Guide and was caught by the applicant, who admonished her for the misconduct. While taking the guide from the victim, the applicant accidentally brushed her chest with his elbow, as three students were seated on a single bench. The applicant denies any intention to outrage the modesty of the victim or to commit any sexual assault. The applicant is approximately 58 years old, belongs to a well-established family, and has been employed at the same school since 2006. He has also been recognized by the government for his contributions to education. Following the lodging of the FIR, the applicant has felt deep shame and suffered loss of dignity both personally and in the eyes of his family and society. The applicant attempted to approach the victim’s residence to clarify the misunderstanding; however, his efforts were unsuccessful, and the incident was allegedly exaggerated, leading to the filing of a false report. An enquiry conducted by the District Education Officer (DEO) revealed that no such misconduct was reported by any other 3 students in the class. He further submits that applicant has no criminal antecedents and there is no material available against the applicant proving his guilt in the aforesaid offence. Trial is likely to take substantial time and therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel vehemently opposes the prayer for grant of anticipatory bail and submits that the offences registered against the applicant are serious and therefore, it is submitted that the anticipatory bail application of the applicant deserves to be rejected. 5. Pursuant to the order dated 11.03.2026, the victim appeared through video conferencing from the concerned DLSA and did not clearly state either yes or no regarding the grant of anticipatory bail to the applicant. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant and further the fact that the applicant was a Lecturer, was deployed as an invigilator in the exam where the victim was appearing in the exam and there appears to be same dispute between the two which has given rise to the present case, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Yudhan Prasad Jaiswal on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- 4 (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 her 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copyof 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE AMIT PATEL