1 2026:CGHC:23872 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 646 of 2026 • Moh. Hamkeem Rayeen S/o Bakruddin Aged About 35 Years R/o New Bus Stand, Pendra, Tehsil And P.S. - Pendra, District- Gaurela- Pendra-Marwahi (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through P.S.- Pendra, District- Gaurela- Pendra-Marwahi (C.G.) ... Respondent(s) (Cause title is taken from case Information System) For Applicant(s) : Mr. Achyut Tiwari, Advocate For Respondent(s) : Ms. Ritika Verma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. In compliance of this Court’s order dated 30.04.2026, notice has been served to the complainant/victim and today victim appeared through video conferencing from DLSA Pendra Road, District - Gaurela- Pendra-Marwahi (C.G.) and raised objection in granting bail to the applicant. 2. 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 with Crime No.112/2026 registered at Police Station - Pendra District- Gaurela- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.18 17:38:14 +0530 2 Pendra-Marwahi (C.G.) for the offences punishable under Sections 74, 79, 296 of BNS, 2023 and Section 12 of POCSO Act, 2012. 3. Prosecution case in brief is, that on the victim lodged a written complaint alleging that on 07.04.2026, between 7:30 p.m. and 8:00p.m., while she was walking in front of her house, the applicant approached her on a motorcycle. It is alleged that the applicant stopped near the victim, forcibly caught hold of her hand, and attempted to compel her to accompany him. It is further alleged that the applicant touched the victim inappropriately and thereby outraged her modesty. The victim managed to escape from the clutches of the applicant and immediately informed her mother about the incident. Upon being confronted, the applicant allegedly abused the victim and her mother and fled from the spot when neighboring persons gathered, therefore FIR has been registered against the applicant. Hence, this bail application. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the victim had earlier made a complaint of a similar nature against the applicant, which was subsequently withdrawn on the ground that it was filed at the behest of her parents. He also submits that the present complaint is likewise false and motivated. Furthermore, since the investigation and trial are likely to take considerable time, he submits that the applicant is entitled to be released on anticipatory bail. 5. Per contra, learned State counsel vehemently opposed the prayer for grant of anticipatory bail and submitted that, as per the statement of the victim recorded under Section 183 of the BNSS, in which she deposed that on the date of incident, while the victim was walking in 3 front of her house, the applicant approached her on a motorcycle and applicant stopped near the victim, forcibly caught hold of her hand, and attempted to compel her to accompany him and the applicant touched her inappropriately and thereby outraged her modesty. The victim managed to escape from the clutches of the applicant and immediately informed her mother about the incident. Upon being confronted, the applicant allegedly abused the victim and her mother and fled from the spot when neighbors gathered. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties, the allegations levelled against the applicant, statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita and further considering the fact that victim had earlier made a complaint of a similar nature against the applicant, as such, I am not inclined to grant anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application of the applicant– Moh. Hamkeem Rayeen filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.112/2026 registered at Police Station - Pendra District- Gaurela-Pendra-Marwahi (C.G.) for the offences punishable under Sections 74, 79, 296 of BNS, 2023 and Section 12 of POCSO Act, 2012, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaishali