1 CGHC010224432026 2026:CGHC:31294 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 979 of 2026 1 - Monish Hatkeshwar S/o Mukesh Harkeshwar Aged About 28 Years (Wrongly Mentioned In Harkeshwar In Bail Order Dated 11/5/26), R/o Mohan Building, Shankar Nagar, Ward No. 44, Tahsil And District - Bilaspur (C.G.) 2 - Wasu Hatkeshwar S/o Nandulal Harkeshwar Aged About 29 Years (Wrongly Mentioned In Harkeshwar In Bail Order Dated 11/5/26), R/o Mohan Building, Shankar Nagar, Ward No. 44, Tahsil And District - Bilaspur (C.G.) ... Applicants versus State Of Chhattisgarh Through - Station House Officer Torwa, District - Bilaspur (C.G.) ... Respondent(s) For Applicants : Shri Badruddin Khan, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 22/07/2026 1. This first anticipatory bail application under Section 482 of the KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.23 19:10:26 +0530 2 Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.124/2026 registered at Police Station – Torwa, District- Bilaspur (CG) for the offence punishable under Sections 115 (2), 296, 3(5), 351 (3), 77 & 118 (1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and under Sections 8 & 12 of the POCSO Act. 2. Notice has been served to the victim yesterday, but none appears on behalf of the victim to contest the bail application. 3. The prosecution story, in brief, is that the victim has lodged a report with the concerned police station stating that when her daughter was changing her clothes in a room, accused Monish was making video through his mobile. At that time, aunt of the victim came and she caught the said Monish while making the video and asked him to delete it. The victim has also stated in the FIR that the applicants and other accused persons assaulted her. Hence, the bail application. 4. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He further submits that initially FIR was registered for offence under Sections 115 (2), 296, 3(5), 351 (3), 77 & 118 (1) of the BNS, however, during investigation, offence under the POCSO Act was added. Co-accused has already been released on anticipatory bail vide order dated 16.6.2026 passed in MCrCA No.827/2026. Therefore the applicants be released on bail. 3 5. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants and submits that initially FIR was registered for offence under the BNS, however, during investigation, offence under the POCSO Act was added. Therefore, the applicants are not entitled for bail. 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 initially FIR was registered for offence under Sections 115 (2), 296, 3(5), 351 (3), 77 & 118 (1) of the BNS, however, during investigation, offence under the POCSO Act was added later on, and co-accused has already been released on anticipatory bail vide order dated 16.6.2026 passed in MCrCA No.827/2026, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicants. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Monish Hatkeshwar & Wasu Hatkeshwar, 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. (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 4 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