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2026 DAILYLAW 28422 (CHH)

XYZ v. STATE OF CHHATTISGARH

MCRCA/1043/2026 · 2026-07-21

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Judgment text

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1 CGHC010255202026 2026:CGHC:31293 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1043 of 2026 1 - XYZ 2 - ABC ... Applicants versus State Of Chhattisgarh Through The Station House Officer, Police Station- Seepat District Bilaspur (C.G.) ... Non-Applicant For Applicants : Shri Goutam Khetrapal, Advocate. For Non-Applicant : Shri Sourabh Sahu, PL. For Objector : Shri Yash Karan Singh, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.224/2026 registered at Police Station – Seepat, District- Bilaspur (CG) for the offence punishable under Sections 75 (3) & KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.23 19:03:29 +0530 2 115 (2) read with Section 3 (5) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and under Section 8 of the POCSO Act, 2012. 2. The prosecution story, in brief, is that the victim lodged a report with the concerned Police Station stating that she is living in PS Dharsiwa, District Raipur and is studying in Class-9. The vicitm came to her maternal uncle’s house at village Hardadih for hearing Shiv Puran. On 15.4.2026, she went to hear Shiv Puran; where accused Anshu Netam has misbehaved with her and accused Paltan Netam has assaulted the aunt of the victim. The said Anshu Netam and his friend have touched the victim and uttered obscene word with intention to outrage her modesty. On the basis of above report, the FIR was registered. Hence, the bail application. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that on the date of the incident, the applicants, victim and other villagers had gathered for hearing Shiv Puran and during the said religious function, some dispute took place between the family members of the applicants and victim and her relatives, and during such dispute, maternal uncle of victim has abused the applicants and their father. Father of co-accused has made a complaint before the PS Seepat and, therefore, the present FIR has been lodged to falsely implicate the applicants and to take revenue from them. He further submits that on similar allegations, co-accused has already been released on anticipatory 3 bail vide order dated 15.6.2026 passed in MCRCA No.799/2026. Therefore the applicants be released on bail. 4. On the other hand, learned State counsel and learned counsel for the Objector oppose the prayer for grant of anticipatory bail to the applicants and submit that anticipatory bail application of co- accused has already been rejected by this Court vide order dated 15.6.2026 passed in MCRCA No.799/2026 and he has been arrested. Therefore, the applicants are not entitled for bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, particularly considering the allegations levelled against the applicants and the fact that on similar allegations, co-accused has already been released on anticipatory bail by this Court vide order dated 15.6.2026 passed in MCRCA No.799/2026, this Court is inclined to extend the benefit of anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – XYZ & ABC, on executing a personal bond with one surety each in the like sum to the satisfaction of the Arresting Officer, they shall be released on bail on the following conditions:- (a) they 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. 4 (b) they should not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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 size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) they should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve