Extracted from the PDF above. The PDF is authoritative.
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CGHC010322912026
2026:CGHC:37447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1361 of 2026 1 - Santosh Gupta S/o Birju Sao Aged About 43 Years R/o Gram Duldula, District Jashpur Chhattisgarh
Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Duldula, District Jashpur Chhattisgarh Respondent(s) For Applicant (s) : Mr. Nikhil Wadhwani, Advocate For Respondent(s) : Mr. Sangharsh Pandey, GA
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 20.08.2026
1. This first anticipatory bail application filed under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.52/2026 registered at Police Station Duldula, District Jashpur (C.G.) for the offence punishable under Sections 75, 78 & 79 of BNS.
2. The prosecution case, in brief, is that on 26.07.2026 at 02.30 pm Applicant called on the Complainant mobile number and said that Digitally signed by R NIRALA
2 he wanted to meet her and gift her a saree worth Rs 4000/-. When the victim asked the accused why she should meet the accused, the accused disconnected the call. After that, at around 06.30 pm, he came to the applicant's house with wrong intentions, then the victim Closed the door. The accused Santosh Gupta wrote very scene words on her mobile number, took a photo through WhatsApp and sent it from his mobile number tarnishing her character, he accused her of immorality with three other men, namely Raju Gupta, Vishal and Rajesh, and said that she does wrong things with these three, due to which the honor and respect of the victim has been severely violated. Thereafter a case was registered against the applicant.
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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that there is previous dispute between the applicant and the complainant with regard to supply of water and they are neighbours and regarding the previous dispute, the present dispute arose between the parties but the same has been given criminal colour by the complainant, whereas the applicant has not committed any such act levelled against him. He further submits that the incident is of 26.07.2026, whereas the FIR was lodged on 03.08.2026, as such there is inordinate and unexplained delay in lodging the FIR. Therefore, under the aforesaid circumstances, the applicant may be enlarged on anticipatory bail.
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4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submit that the applicant wanted sexual favour from the victim when her husband was out of station and on her denial, he sent her abusive messages and tried to ruin her image and also harassed her, as is evident from her statement before the police station concerned, therefore, the applicant may not be enlarged on anticipatory bail at this stage.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case, nature and gravity of the offence against the present applicant and further considering the submission made by the victim before the police station concerned, wherein the victim specifically alleged that the applicant was wanting sexual favour from her and on her denial, he tried to harass her on several occasions, therefore, without commenting further anything on merits, I am not inclined to grant anticipatory bail to the applicant.
7. Accordingly, the anticipatory bail application of the applicant Santosh Gupta, involved in Crime No.52/2026 registered at Police Station Duldula, District Jashpur (C.G.) for the offence punishable under Sections 75, 78 & 79 of BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Nirala