Extracted from the PDF above. The PDF is authoritative.
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CGHC010270732026
2026:CGHC:30211
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1118 of 2026 Rajendra Prasad Rathia S/o Mangalsay Rathia Aged About 33 Years R/o Gram - Bagudega, Police Station - Lailunga District- Raigarh (C.G.)
... Applicant versus State of Chhattisgarh Through Police Station Lailunga District- Raigarh (C.G.)
... Non-Applicant For Applicant : Ms. Laxmi Gupta, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 16.07.2026
1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 205/2026, registered at Police Station – Lailunga, District- Raigarh (C.G.) for alleged commission of offence punishable under Sections 76, 115(2), 331(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023.
2. According to the prosecution's case, the present First Information Report was lodged by the complainant on 26.06.2026 at Police Station Lailunga, District Raigarh. It is alleged that on 25.06.2026, at about 7:30 P.M., while the complainant was alone at her residence in the absence of her husband, the present applicant, allegedly under the influence of alcohol, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.16 16:05:06 +0530
2 unlawfully entered her house, caught hold of the complainant, and grabbed her breasts with the intention of outraging her modesty. It is further alleged that the applicant threatened to commit rape, dragged the complainant by her hair (braid) from inside the house onto the street, and assaulted her with kicks and fists, causing her physical injuries. The prosecution further alleges that whenever the applicant sees the complainant, he insults her by calling her "Ghasneen" or "Ghasiya." According to the complainant, on 25.06.2026, the applicant crossed all limits and attempted to disgrace her. On the basis of the aforesaid complaint, Police Station Lailunga registered Crime No. 205/2026 against the applicant for the offences punishable under Sections 76, 115(2), 331(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
3.
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 alleged incident is stated to have occurred at a public place, however, no independent witness or any villager is stated to have witnessed the incident. It is further submitted that the FIR has been lodged due to personal rivalry between the parties. The complainant is the Panchayat Secretary of Gram Panchayat Bagudega, and both the applicant and the complainant reside in the same mohalla, with their houses situated opposite each other. Learned counsel further submits that a house under the Pradhan Mantri Awas Yojana had been sanctioned in the name of the applicant's late uncle, Santram. The applicant had approached the complainant on several occasions in her official capacity as Panchayat Secretary to seek information regarding the procedure relating to the said housing scheme. Owing to this, the complainant has falsely implicated the applicant in the present case. On
3 these grounds, learned counsel prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for anticipatory bail and submitted that, as per the case diary and the victim's statement recorded under Section 183 of the BNSS, the applicant forcibly tore the victim's clothes, broke her mangalsutra, touched her inappropriately, pressed her breasts, and attempted to commit rape. It is further alleged that he caught hold of her hair, dragged her towards his house, and abused her with filthy and caste-based remarks. On hearing her cries, her daughter, sister-in-law (Jethani), and the applicant's family members reached the spot and intervened. The victim also informed the village Sarpanch about the incident over the phone. Therefore, learned State counsel submitted that the applicant is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case, allegations levelled against the applicant, and from the perusal of the records available, and the statement of the victim recorded under Section 183 of the BNSS, wherein specific allegations of outraging the modesty of the victim and attempting to commit rape have been levelled against the applicant, this Court is of the opinion that no case for grant of anticipatory bail is made out.
Accordingly, the present anticipatory bail application stands rejected. 7. Accordingly, the Anticipatory Bail application of the applicant – Rajendra Prasad Rathia, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 205/2026, registered at Police Station – Lailunga, District-
4 Raigarh (C.G.) for alleged commission of offence punishable under Sections 76, 115(2), 331(2) and 351(3) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti