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2026 DAILYLAW 34525 (CHH)

LAVISH KUMAR DHIRHE v. STATE OF CHHATTISGARH

MCRCA/1422/2026 · 2026-08-30

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Judgment text

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1 CGHC010326212026 2026:CGHC:38406 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1422 of 2026 Lavish Kumar Dhirhe S/o Ajay Kumar Dhirhe Aged About 26 Years Caste Satnami, R/o Village Dongiya, Tahsil Adbhar, District- Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Chowki Sakrra, Police Station Malkharauda, District- Sakti (C.G.) ... Non-Applicant For Applicant : Shri Deepak Kumar Singh, Advocate. For Non-Applicant : Miss Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 31/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.280/2026, registered at Police Station : Police Chowki Sakrra, PS Malkharauda, District Sakti (C.G.) for alleged commission of offence punishable under Sections 74 KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.09.01 19:03:49 +0530 2 and 329 (3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. As per the case of the prosecution, the complainant/victim has lodged oral report before the Police Chowki Sakrra, Police Station Malkharauda, District Sakti (C.G.) that on 25.07.2026 at about 12 noon, she was standing in the veranda of her house and at that time, the applicant, who is the younger son of her brother-in-law Ajay Prasad Dhirhe, came inside the house and held her left hand and threw her on the bed kept in the veranda with the intention of insulting her. When she shouted, then the applicant ran away from the house. On the basis of the aforementioned oral report of the victim the concerned Police has registered aforesaid offence against applicant. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the First Information Report has been lodged after 3 days of the incident. The victim is a 35-year-old married woman. The victim has lodged a false report against the applicant due to family dispute. The complainant and applicant are family members and the victim is the real aunt of the applicant. The joint ancestral land partition dispute is going on between the families of the victim and families of the 3 applicant. Hence he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that the victim is the real aunt of the applicant. In her statement recorded under Section 183 of the BNSS, the victim has stated that the applicant used to say that he used to see the victim from the roof while sleeping and the applicant also said that he wishes to do something with her and while saying so, he has thrown her on the cot, on which she raised hue and cry and her daughter has also seen the incident. She has further stated that the applicant is keeping evil eye on her daughter also. Therefore, the anticipatory bail application of the applicant deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the nature of allegation made against the present applicant that the applicant has thrown the victim on the cot while saying that he wishes to do something with her and the victim is the real aunt of the applicant and also considering the statement of the victim recorded under Section 183 of the BNSS, I am not inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the anticipatory bail application of the applicant - Lavish Kumar Dhirhe, involved in Crime No.280/2026, registered at Police Station : Police Chowki Sakrra, PS Malkharauda, District Sakti (C.G.) for alleged commission of offence punishable under Sections 74 and 329 (3) of the BNS, is rejected. Sd/- Sd/- (Ramesh Sinha) Chief Justice Barve