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2026 DAILYLAW 178 (CHH)

LAVI PAHUJA v. STATE OF CHHATTISGARH

MCRCA/224/2026 · 2026-02-11

body2026

Judgment text

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1 2026:CGHC:7895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 224 of 2026 1 - Lavi Pahuja S/o Ujagar Singh Aged About 32 Years R/o Village- Dullapur (Bazar), Police Station- Pandariya, District- Kabirdham C.G. 2 - Channi Pahuja S/o Ujagar Singh Aged About 35 Years R/o Village- Dullapur (Bazar), Police Station- Pandariya, District- Kabirdham C.G. 3 - Indrajeet Singh S/o Ujagar Singh Aged About 37 Years R/o Village- Dullapur (Bazar), Police Station- Pandariya, District- Kabirdham C.G. 4 - Dilip Puri Goswami S/o Lakhan Puri Goswami Aged About 40 Years R/o Village- Dullapur (Bazar), Police Station- Pandariya, District- Kabirdham C.G. 5 - Ajit Jhariya S/o Rajkumar Aged About 38 Years R/o Village- Dullapur (Bazar), Police Station- Pandariya, District- Kabirdham C.G. ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Pandariya, District- Kabirdham C.G. ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Chandrikaditya Pandey, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/02/2026 1. This is 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 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.02.14 13:08:52 +0530 2 with Crime No.271/2025 registered at Police Station – Pandariya, District-Kabirdham (C.G.) for the offences punishable under Sections 74, 115(2), 191(2) of Bhartiya Nyay Sanhita (for short BNS), 2023. 2. Prosecution case in brief is that the complainant lodged a report in Police Station 26.10.2025 Pandariya alleging inter-alia that on morning at about 9.00-10.00 am, she along with her husband sit on motorcycle in her house to go anywhere, then only the applicant No.1, 2 & 3 along with their two friends the applicant No.4 & 5 came there and with intent to outrage the modesty of woman, committed molestation and quarrel with the complainant and on intervening her husband was assaulted by the accused persons. On the basis of report lodged by the complainant, the Police Station Pandariya registered the first information report bearing Crime No. 271/2026 for the offence punishable under Section 74, 115(2), 191(2) of Bharatiya Nyaya Sanhita, 2023 and investigation was initiated. The charge-sheet has not been filed and matter is being investigated by the police of Police Station Pandariya, District Kabirdham (C.G.). 3. Learned counsel for the applicants submits that the applicants have been falsely implicated due to personal disputes between the complainant and the mother of applicant Nos. 1 to 3, who are working in the same Anganwadi Centre. It is further submitted that the FIR has been lodged with delay and that earlier also a false case was registered against applicant Nos. 1 and 3, which is pending before the learned Additional Sessions 3 Judge (FTC), Kawardha. It is argued that the trial is likely to take time, therefore, the applicants deserve to be enlarged on bail. 4. Per contra, learned counsel for the State has opposed the bail application and submits that there are specific allegations against the applicants. She further submits that as per the prosecution case, on the date of the incident, applicant Nos. 1 to 3 along with applicant Nos. 4 and 5 came to the spot and, with intent to outrage the modesty of the complainant, committed molestation and also assaulted her husband when he intervened. It is further submitted that the Medico-Legal Certificate (MLC) reflects that the victim sustained multiple injuries and applicants No.1 to 3 have criminal antecedents and applicants No.4 and 5 have no criminal antecedents, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the records. 6. Having considered the rival submissions and upon perusal of the case diary, this Court finds that there are specific and direct allegations against the applicants regarding commission of offences involving assault and outraging the modesty of a woman. The MLC corroborates the version of the prosecution to the extent that the victim sustained injuries in the said incident. At this stage, the contention of false implication on account of personal dispute cannot be conclusively examined, at this stage, this Court is not inclined to grant bail to the applicants. 7. Accordingly, the anticipatory bail application of the applicant No.1 – Lavi Pahuja, applicant No.2-Channi Pahuja, applicant No.3 Indrajeet Singh, applicant No.4 Dilip Puri and applicant 4 No.5 Ajit Jhariya filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.271/2025 registered at Police Station – Pandariya, District-Kabirdham (C.G.) for the offences punishable under Sections 74, 115(2), 191(2) of Bhartiya Nyay Sanhita (for short BNS), is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali