1 2026:CGHC:23462 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 801 of 2026 Pankaj Sharma S/o Late K.P. Sharma Aged About 40 Years R/o Kelash Nagar P.S. Dantewada District- Dantewada (C.G.) ...Applicant(s) versus State Of Chhattisgarh Through S.H.O Ps Frezerpur (Parpa) District- Bastar (Chhattisgarh) ---Non-Applicant For Applicant : Ms. Madhunisha Singh, Advocate For-State : Ms. Sunita Manikpuri, G.A. Hon’ble Shri Parth Prateem Sahu, Judge Order on Board 21/05/2026 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 who is apprehending his arrest in connection with Crime No. 84/2026 registered at Police Station Frezerpur (Parpa) District Bastar (C.G.) under Sections 115(2), 127(2), 351(2), 49, 64(1) and 64(2) M of BNS. Digitally signed by JYOTI JHA Date: 2026.05.22 11:49:11 +0530 2 2. The case of the prosecution, in brief, is that on 19.04.2026, the complainant/victim lodged a written report at the concerned Police Station stating that she was working as a receptionist-cum-attendant in Hotel Anurag Residency, owned by the applicant. It was alleged that, for the last one year, the applicant had found that amounts which were required to be deposited in the account of the hotel had instead been utilized by the complainant for her personal use. Thereafter, the applicant allegedly started interrogating her and pressurizing her to return the said amount. It was further alleged that she was locked in a room and subjected to torture. The applicant, along with another friend, took her in his Thar four-wheeler from District Dantewada to Jagdalpur, where she was again pressurized to return the amount. It is further alleged that her family members were called to Surya Hotel at Jagdalpur and, upon noticing the arrival of a police vehicle, the applicant and his companion left her near Surya Hotel in the company of her brother. Thereafter, on 18.04.2026, it is alleged that the applicant, along with the Manager namely Shyam, came to her house and, after threatening her brother, took her in a four- wheeler vehicle to Dantewada, where the applicant committed sexual intercourse with her. It is further alleged that she was thereafter taken back to the hotel and confined in a room, where the applicant again committed sexual intercourse with 3 her. Based on the said report, the crime was registered. The applicant is apprehending his arrest. 3. Learned counsel for the applicant submits that an absolutely false report has been lodged against the applicant. It is submitted that the applicant is the owner of Hotel Anurag Residency and the complainant was working therein as a receptionist-cum-attendant. It is submitted by the learned counsel for the applicant that in the impugned order, the complainant herself admitted that she had taken an amount of Rs.1.50 lakh to be deposited in the account of the hotel and utilized the same for her personal use, which clearly indicates misappropriation of the hotel funds by the complainant. It is further submitted that the applicant had already lodged a report on 18.04.2026 at Police Station City Kotwali, Dantewada regarding misappropriation of an amount of Rs.3.70 lakh, and only thereafter, the complainant lodged the present report on 19.04.2026 levelling false allegations against the applicant. It is also submitted that no other criminal antecedent has been reported against the applicant. Therefore, it is prayed that the benefit of anticipatory bail be extended to the applicant. It is further submitted that the applicant shall make himself available before the investigating agency as and when required. 4 4. Learned State counsel opposes the submissions advanced on behalf of the applicant and submits that, on the pretext of misappropriation of funds, the applicant confined the complainant in a room of the hotel and committed sexual intercourse with her. The complainant was taken by the applicant to another place from the hotel, where also sexual intercourse was committed with her. It is submitted that there is prima facie material available against the applicant regarding commission of the offence and, therefore, the applicant is not entitled to the benefit of anticipatory bail. However, upon a specific query being put with regard to the MLC report, learned State counsel submits that the MLC mentions that no definite opinion could be given with regard to recent sexual intercourse with the complainant. 5. I have heard learned counsel for the parties and perused the documents available on record. 6. The learned counsel for the applicant has filed the statement of account of the complainant maintained with the State Bank of India in order to demonstrate that the complainant had deposited online amounts in her own account, which were required to be deposited in the account of the hotel. It is submission of the learned counsel for the applicant that a total sum of Rs.3,70,000/- was withdrawn by the complainant from 5 the account of the hotel and deposited in her bank account. 7. Perusal of the impugned order would further reveal that it has also been mentioned in the complaint that the complainant had spent an amount of Rs.1.50 lakh with the consent of the applicant, who is the owner of the hotel. 8. Considering the aforesaid facts and circumstances of the case, nature of allegations, and further taking note of the admission made by the complainant that she had spent an amount of Rs.1.50 lakh on herself, allegedly with the consent of the applicant, who is the owner of the hotel, without commenting upon the merits of the case, I am inclined to extend the benefit of anticipatory bail to the applicant. 9. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on bail upon executing a personal bond in sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the arresting officer concerned. The applicant shall also abide by the following conditions : (i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that the applicant shall not, directly or indirectly, make any inducement, threat or 6 promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Jyoti