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2026 DAILYLAW 29094 (CHH)

GAURAV SETHIYA v. STATE OF CHHATTISGARH

MCRCA/1120/2026 · 2026-07-26

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Judgment text

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1 CGHC010268282026 2026:CGHC:32113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1120 of 2026 Gaurav Sethiya S/o Hemnathj Sethiya Aged About 21 Years R/o Parpa Para Tokapal, Tehsil Tokapal, Jagdalpur District Bastar C.G. ... Applicant(s) versus State Of Chhattisgarh Through Police Station Prejarpur District Bastar C.G. ---- Non-applicant(s) For Applicant : Mr. Praveen Kumar Tulsyan. For Non-Applicant/State : Ms. Nupur Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27/07/2026 1. This first anticipatory bail application filed under Section 482 of the BNSS for grant of anticipatory bail to the applicant who has been apprehending his arrest in connection with Crime No. 133/2026 registered at Police Station- Frejarpur, District Bastar (C.G.), for the offence punishable under Sections 64(2)(m), 64(1) of BNS. 2. At the outset, learned counsel for the applicant submits that though the present anticipatory bail application mentions the offences punishable under Sections 64(2)(m) and 64(1) of the Bharatiya Nyaya Sanhita, 2023, the trial Court, while rejecting the bail application, has also taken into consideration the offences punishable under Sections 4 and 6 of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Protection of Children from Sexual Offences Act, 2012. However, the said provisions have inadvertently not been mentioned in the present bail application. Therefore, he seeks permission to withdraw the present bail application with liberty to file a fresh bail application after incorporating the correct and complete particulars of the offences. 3. Learned State counsel further points out that apart from the aforesaid offences, Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 has also been added subsequently and no bail application has been moved before the trial Court in respect of the said offence. 4. Considering the submissions advanced by learned counsel for the parties and taking into consideration the fact that the present anticipatory bail application does not mention all the offences for which the applicant is presently facing prosecution, this Court deems it appropriate to permit the applicant to withdraw the present anticipatory bail application with liberty to file a fresh bail application after incorporating all the relevant provisions, in accordance with law. 5. Accordingly, the present anticipatory bail application is dismissed as withdrawn with the aforesaid liberty. 6. Certified copies of the documents annexed with the bail application, if any, be returned to learned counsel for the applicant after retaining photocopies thereof on record. - Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal