1 2026:CGHC:24026 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 827 of 2026 Mayank Hatkeshwar S/o Nandulal Harkeshwar Aged About 19 Years (Wrongly Mentioned In Harkeshwar In Bail Order Dated 11/5/26)@Honey R/o Mohan Building , Shankar Nagar, Ward No. 44, Tahsil And Dist. - Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Station House Officer Torwa, Dist - Bilaspur (C.G.) ... Non-applicant(s) For Applicant : Mr. Badruddin Khan, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.06.2026 1. As regards service of notice, it is seen that notice upon the father of the victim has already been served on 15.06.2026. However, despite service of notice, none has appeared on his behalf to oppose or contest the present matter when the case was taken up for hearing. Accordingly, this Court proceeds to consider the matter with the assistance of learned State Counsel. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 is apprehending his arrest in connection with Crime No. 124/2026 registered at Police Station Torwa, District - Bilaspur, (C.G.) for the offence punishable under Sections 77, 296, 351(3), 115(2), 3(5), 118(1) of BNS and Section 08 and 12 of POCSO Act. 3. As per the case diary, the mother of the victim lodged a report at Police Station Torwa on 04.03.2026 stating that she had gone to the house of her sister-in-law and returned home at about 6:30 PM. Upon her return, her daughter/victim informed her that while she was changing clothes in a room of their house, co-accused Monis Hatkeshwar was secretly recording her video on his mobile phone. The said act was witnessed by the victim's brother. At that very moment, the victim's aunt arrived at the house, whereupon co- accused Monis attempted to flee from the spot but was apprehended by the aunt. Thereafter, Monis deleted the video from his mobile phone. It was further alleged that at about 7:00 PM on the same day, when the victim's brother had gone to a nearby shop, co-accused Monis Hatkeshwar, Vasu Hatkeshwar and Hani Hatkeshwar abused him in filthy language and threatened to kill him. During the said incident, co-accused Vasu Hatkeshwar assaulted him on his back with a sharp-edged pointed object, while co-accused Monis and Hani Hatkeshwar also assaulted him with hands and fists. On the basis of the aforesaid report, a crime was registered against accused persons namely Monis Hatkeshwar, Vasu Hatkeshwar and Hani Hatkeshwar for offences punishable under Sections 77, 296, 351(3), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita. During investigation, offences under Sections 8 and 12 of the POCSO Act were also found attracted and were accordingly added in the case and the present applicant has 3 been implicated on the basis of memorandum statement of co- accused and the allegation against him that he has also involved in the present case. Hence, the anticipatory bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the applicant, the co-accused persons and the victim/complainant are close relatives belonging to the same family. Drawing attention to the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, learned counsel submits that the main allegation pertains to the applicant's real brother, namely Monish, who is alleged to have videographed the victim while she was changing her clothes inside the house. It is further submitted that the allegations regarding assault by a sharp- edged weapon and by hands and fists have been levelled against the co-accused persons, whereas no overt act or specific role has been attributed to the present applicant either in the alleged incident of videography or in the assault upon the victim's brother. He further submits that there is no adverse or incriminating statement made by the victim against the present applicant during the course of investigation. It is also submitted that the applicant has no criminal antecedents and has recently been appointed on compassionate grounds as a Peon in the High Court of Chhattisgarh, having joined service on 17.11.2025. In such circumstances, it is contended that custodial interrogation of the applicant is not warranted and, therefore, he is entitled to the protection of anticipatory bail. Accordingly, prayer has been made for grant of anticipatory bail to the applicant. 4 5. On the other hand, learned State counsel appearing for the non- applicant/State opposes the prayer for grant of anticipatory bail and submits that during the course of investigation sufficient material has surfaced against the present applicant indicating his involvement in the alleged offence. Considering the nature and gravity of the allegations and the material collected during investigation, no case for grant of anticipatory bail is made out. Accordingly, he prays for rejection of the application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, nature of allegations and the material available on record, particularly the statement of the victim recorded under Section 183 of the BNSS, this Court finds that the main allegation of recording the video of the victim while she was changing clothes has been levelled against co-accused Monish, whereas the allegations regarding assault have been attributed to the other co-accused persons. No specific overt act has been attributed to the present applicant in the statement of the victim. It further appears that the applicant, the victim and the co-accused persons are close relatives belonging to the same family and prima facie, the applicant appears to have been implicated on account of his presence at the spot while intervening in the dispute between the family members. Further considering that the applicant has no criminal antecedents, is a Government servant working on the post of Peon in the High Court of Chhattisgarh pursuant to compassionate appointment and has joined service on 17.11.2025 and the case of the 5 applicant is distinguishable from that case of co-accused thus, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mayank Hatkeshwar on executing a personal bond and one surety in the like sum to the 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 Kunal