1 2026:CGHC:4732 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 139 of 2026 • Prakash Patel @ Bholeshar Patel S/o Neelkanth Patel Aged About 40 Years Occupation - Cultivator, R/o Village - Boriya, Police Station - Thankhamharia, District - Bemetara Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station - Thankhamharia, District - Bemetara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Bharat Rajput, Advocate For Respondent/State : Mr. Sourabh Sahu, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 28.01.2026 1. This is first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.02/2026 registered at Police Station – Thankhamharia, District - Bemertara (C.G.) for the offence punishable under Section 74, 331(1), 351(3) of Bhartiya Nyay Sanhita, (for short BNS), 2023. 2. Prosecution case in brief is that on 03.01.2026 the prosecutrix lodged report at concerned Police Station alleging therein that on 02.01.2026 at about 7:00, while she was cooking food in kitchen of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.29 18:13:39 +0530 2 her house, the applicant entered into kitchen and caught hold her from back side, upon which, the prosecutrix raised alarm and went out from kitchen and the applicant also came out from kitchen. The applicant has threatened the prosecutrix for dire consequence if she will narrate the incident to anyone. On the basis of said report, the FIR has been registered against the applicant, hence this bail application. 3. Learned counsel for the applicant submits that the applicant is an innocent person and has not committed any offence as alleged by the prosecution. It is contended that the applicant has been falsely implicated in the present case due to previous enmity. It is further submitted that the husband of the prosecutrix was running an illegal liquor business from his shop, which was disturbing the atmosphere of the locality. On the information given by the present applicant, offences under Section 36(C) and Section 34(1-A) of the Excise Act were registered against the husband of the prosecutrix. Vide judgment dated 08.09.2022, he was convicted and sentenced to a fine of Rs.1,000/- Subsequently, vide judgment dated 27.09.2023, he was acquitted. It is further contended that due to the aforesaid proceedings, the prosecutrix and her family members are harbouring grudge and animosity against the applicant and, on account of the said enmity, the applicant has been falsely roped into the present case. It is also submitted that the applicant has no previous criminal antecedents and is a permanent resident of the locality. There is no likelihood of his absconding or tampering with the prosecution evidence. Hence, prayer is made for grant of anticipatory bail. 4. On the other hand, learned State counsel would oppose the prayer for grant of anticipatory bail to the applicant. 3 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the submissions made by learned counsel for the applicant, the nature of allegations, the background of previous enmity between the parties, the fact that the applicant has no criminal antecedents, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves the benefit of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Prakash Patel @ Bholeshar on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant shall 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali