1 CGHC010270652026 2026:CGHC:32081 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1186 of 2026 Gopala Sahu S/o Shri Bhageerathi Aged About 33 Years R/o Village Gudi, Police Station Sipat, District Bilaspur Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Sipat, District Bilaspur Chhattisgarh ... Non-applicant For Applicant : Mr. Syed Afaque Hussain Rizvi and Mr. Hemant Kumar Sahu, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 27.07.2026 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.31/2026, registered at Police Station – Sipat, District Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 296, 115(2) & 74 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:15 +0530 2 2. The prosecution story in brief is that complainant/victim lodged a report stating that she resides in village Gudi and does domestic work, her neighbor of village namely Gopala Sahu often looks to her with dirty eye and have obscene gestures, opens zip and shows his front part, and on 17.01.20226 at about 5.00 pm, finding her alone on the terrace, he caught her hand and arms and was touching her chest with the intention of outrage of her modesty, when she shouted and her husband stopped he abused and beaten to her and her husband. On the basis of above incident, an F.I.R. has been registered against the applicant in the Police Station Sipat District Bilaspur, u/s 296, 115(2),74 of BNS crime /FIR No. 31/2026. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to previous enmity with the complainant's family. It is submitted that the husband of the victim had allegedly molested the applicant's wife, and, owing to the said dispute, the present false case has been lodged out of revenge. Learned counsel further submits that the applicant has been suffering from a mental disorder since 02.08.2023 and has been undergoing regular treatment at the State Mental Hospital, Sendri, District Bilaspur (C.G.), and therefore requires proper medical care. It is also submitted that the alleged offence is triable by the learned Judicial Magistrate First Class. The applicant is a 33-year-old person with no criminal antecedents, enjoys a good reputation in society, and his arrest would seriously affect his reputation and family. It is further submitted that the investigation is still in progress, the charge-sheet has not yet been filed, the applicant undertakes to cooperate with the Investigating Officer whenever required, and there is no likelihood of his absconding, 3 influencing witnesses, or tampering with the prosecution evidence. Accordingly, it is prayed that the applicant be granted the benefit of anticipatory bail. 4. On the other hand, learned State Counsel opposed the anticipatory bail application and submitted that there are specific allegations against the present applicant in the FIR. It is submitted that the applicant, with the intention of outraging the modesty of the victim, used obscene gestures, behaved in an indecent manner, and on the date of the incident caught hold of the victim and touched her inappropriately. It is further alleged that when the victim raised an alarm, the applicant abused and assaulted the victim and her husband. Learned State Counsel submits that the allegations are serious in nature, the investigation is still in progress, and custodial interrogation of the applicant may be necessary for a fair investigation. Accordingly, considering the nature and gravity of the allegations, learned State Counsel prayed for rejection of the anticipatory bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Having considered the rival submissions, perused the case diary and the material available on record, this Court finds that there are specific allegations against the present applicant of repeatedly making obscene gestures towards the victim, behaving in an indecent manner, and, on the date of the incident, catching hold of her and touching her chest with the intention of outraging her modesty. The statement of the victim recorded under Section 183 of the BNSS also prima facie supports the prosecution case. Considering the nature and gravity of the allegations, 4 the material available on record, and the fact that the investigation is still in progress, this Court is of the considered opinion that this is not a fit case for the grant of anticipatory bail 7. Accordingly, the anticipatory bail application of the applicant – Gopala Sahu, involved in Crime No.31/2026, registered at Police Station – Sipat, District Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 296, 115(2) & 74 of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav