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2026 DAILYLAW 16827 (CHH)

NITIN KRISHNANI v. STATE OF CHHATTISGARH

MCRCA/156/2026 · 2026-02-01

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Judgment text

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1 2026:CGHC:5788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 156 of 2026 Nitin Krishnani S/o S. L. Krishnani Aged About 37 Years R/o- Samriddhi Avenue, Flat No. 703, Avanti Vihar, Raipur, Tehsil And District- Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Telibandha, Distt.- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Amiya Bhushan, Advocate. For Non-applicant/State : Ms. Smiti Shrivastava, PL.. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.02.2026 1. The applicant has preferred this 1st anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail apprehending his arrest in connection with Crime SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.03 16:42:59 +0530 2 No.08/2026, registered at Police Station – Telibandha, District Raipur (C.G.) for alleged commission of offence punishable under Sections 74, 296, 115(2) and 351(2) of BNS, 2023. 2. The prosecution case, in brief, is that on 03.01.2026 at about 02:25 a.m., a dispute arose within the premises of Samruddhi Avenue, Raipur, regarding parking space and alleged damage to a vehicle. It is alleged that the applicant/accused summoned the complainant to the parking area through a landline telephone to discuss the said issue, during which the applicant is alleged to have outraged the modesty of the complainant, assaulted her, and extended life threats. On the basis of the written complaint submitted by the complainant on 04.01.2026, the aforesaid crime has been registered against the present applicant. 3. The learned counsel for the applicant submits that the applicant is completely innocent and has been falsely implicated in the present case. It has been argued that the allegations made in the FIR are false, exaggerated and motivated arising out of a trivial civil dispute relating to parking within a residential society, which has been given a criminal colour with an oblique intention to harass the applicant. It is submitted that on the night of the alleged 3 incident, the applicant merely requested the security guard to ask the complainant to remove her vehicle, as the applicant’s allotted parking space was repeatedly obstructed and his vehicle had suffered damage due to improper parking by the complainant. It is further submitted that the complainant herself became aggressive and verbally abused the applicant and that the allegations of outraging modesty and issuing life threats are afterthoughts and embellishments intended to convert a civil dispute into a criminal case. He further submits that the applicant is an educated person with no criminal antecedents, he is a permanent resident of the society having deep roots in the community, and there is no likelihood of his absconding or tampering with evidence. It is also contended that the allegations are based solely on the statement of the complainant without any independent corroboration and considering the nature of the allegations, custodial interrogation of the applicant is not warranted. Hence, the applicant prays for grant of anticipatory bail. 4. Per contra, learned State counsel opposed the bail application and submitted that the allegations against the applicant are serious in nature and the victim is a lady, who was slapped by the applicant and the said dispute was also 4 witnessed by two persons who were security guards residing therein. Hence, the application may not be allowed at this stage. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, the nature of allegations levelled against the applicant and the material available on record especially statement of the victim recorded under Section 183 of BNSS wherein, she has levelled allegations of outraging her modesty and further the applicant also slapped her due to which, she has suffered simple injuries as per MLC report of the victim, this Court is not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Nitin Krishnani, filed under Section 482 of the BNSS, 2023 in connection with Crime No.08/2026, registered at Police Station – Telibandha, District Raipur (C.G.) for alleged commission of offence punishable under Sections 74, 296, 115(2) and 351(2) of BNS, 2023, is hereby rejected. 5 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) Chief Justice Priya