1 CGHC010221282026 2026:CGHC:29192 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 889 of 2026 Harkesh Kumar Jaiswal S/o Shri Prayag Prasad Aged About 47 Years Working On The Post Of Lecturer (Bio) At Government Girls Higher Secondary School Bhatgaon Block- Bhaiyathan District- Surajpur (C.G.) At Present Resident Of M/419 New Mines Colony.Bhatgaon Block- Bhaiyathan District- Surajpur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station - Bhatgaon, District- Surajpur (C.G.) ... Non-Applicant For Applicant : Shri VK Pandey, Advocate. For Non-Applicant : Shri V.K. Tekam, Deputy GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 10/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.64/2026 registered at Police Station – Bhatgaon, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.13 15:26:57 +0530 2 District Surajpur (C.G.) for the offence punishable under Section 75 (1) (iii) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and under Section 8 of the Protection of Children from Sexual Offences Act, 2012. 2. Notice has been served on the victim, however, none appears on behalf of the victim to contest the matter. 3. The prosecution story, in brief, is that the complainant lodged a written report on 6.4.2026 stating that the present applicant has committed obscene act by touching his daughter on 16.2.2026 at about 11-12.00 hours, who was studying in Class-11 saying that he would help her, if she would obey him. On the basis of aforesaid information, the FIR was lodged. Hence, the 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 applicant is working on the post of Lecturer (Biology) at Government Girls Higher Secondary School, Bhatgaon, District Surajpur since 2008, and the father of the victim has lodged the FiR. It is stated that the present FIR has been lodged because of some animosity. It is also stated that the applicant has also been suspended from service and he is facing departmental enquiry. Therefore the applicant may be released on bail. 5. On the other hand, learned State counsel opposes the prayer for 3 grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering the facts and circumstances of the case and the fact that the applicant is a Government employee and the FIR has been lodged on account of some animosity by the father of the victim and the applicant has already been suspended from service and he is facing departmental enquiry, and without commenting anything on the merits of the case, 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 – Harkesh Kumar Jaiswal, on executing a personal bond with one surety in the like sum to the satisfaction of the Arresting Officer, he shall be released on bail on the following conditions:- (a) He should 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) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full 4 size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. 9. However, it is made clear that the departmental enquiry going on against the applicant shall continue independently without being prejudiced by any of the observations made hereinabove. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve