Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 37283 (CHH)

SANT PAHARE v. STATE OF CHHATTISGARH

MCRCA/1511/2026 · 2026-09-24

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010343472026 2026:CGHC:41823 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1511 of 2026 Sant Pahare Son Of Narayan Pahare Aged About 26 Years Resident Of Village Beergaon, Police Station Jarhagaon, District Mungeli, Chhattisgarh --- Applicant Versus State Of Chhattisgarh Through Station House Officer, Police Station Jarhagaon, District Mungeli, Chhattisgarh --- Respondent(s) For Applicants : Mr. Hemant Kesharwani, Advocate For State : Mr. Aman Tamrakar, P.L. For Objector : Mr. K.P.S. Gandhi HON'BLE SHRI JUSTICE PARTH PRATEEM SAHU ORDER ON BOARD 25.09.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.96/2026 registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Sections 75, 77, 351 (3), 3(5) of Bharatiya Nyaya Sanhita (for 2 short ‘BNS’) and under Section 12 of the POCSO Act. 2. The prosecution story, in brief, is that complainant Ku. Nandani Sahu lodged a report on 18.06.2026 alleging that on 12.06.2026 and 14.06.2026 near the public water supply, the present applicant and co-accused namely Santram made vulgar comment and they asked about the physical relationship. On the basis of information police registered the offence u/s 75, 77, 351(3), 3(5) of BNS and Section 12 of POCSO Act. Hence, the bail application. 3. Learned counsel for the applicant submits that father of the applicant had lodged an FIR against Ranjit Sahu, Dipak Sahu, Gourishankar Sahu and other family members of the victim for offence under Sections 115 (2), 296, 3(5) and 351(3) of the BNS on 14.6.2026 for an incident occurred on the said date. The applicant was also injured in the said incident and after 4 days of the said incident, the present FIR has been lodged, as a counter blast, which is not disputed by learned counsel for the Objector. 4. On the other hand, learned State counsel and learned counsel for the Objector oppose the prayer for grant of anticipatory bail to the applicant. 5. Pursuant to the notice, father and brother of the victim appeared before this Court and have raised objection for grant of anticipatory bail to the applicant. 3 6. I have heard learned counsel for the parties and perused all of the documents taken on record. 7. Considering submissions of learned counsel for the parties, particularly considering that father of the applicant had lodged an FIR against Ranjit Sahu, Dipak Sahu, Gourishankar Sahu and other family members of the victim for offence under Sections 115 (2), 296, 3(5) and 351(3) of the BNS on 14.6.2026 for an incident occurred on the said date, the applicant was also injured in the said incident and after 4 days of the said incident, the present FIR has been lodged, as a counter case, lodging of report against applicant after four days is not opposed by State counsel and one of the co-accused with similar allegation was granted anticipatory bail on 24.08.2026 in MCRCA No. 1285 of 2026, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be 4 prejudicial to fair and expeditious trial. (c) he 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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve themselves in any offence of similar nature in future. Sd/- (Parth Prateem Sahu) JUDGE Saurabh