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2026 DAILYLAW 7063 (CHH)

MANOHAR MARKANDEY v. STATE OF CHHATTISGARH

MCRCA/463/2026 · 2026-04-21

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Judgment text

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1 2026:CGHC:18456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 463 of 2026 • Manohar Markandey S/o Late Shri Mitthu Das Markandey Aged About 70 Years Caste Satnami (Harijan), R/o Village Hardi Ward No. 7, Post Bankal, P.S. Lalbagh, Police Chowki, Sukuldehan, Tahsil Dongargaon, Distt. Rajnandgaon, Chhattisgarh. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station Lalbagh (Police Chowki Sukuldaihan), Distt. Rajnandgaon, Chhattisgarh. ... Respondent(s) (Cause title is taken from the Case Information System) For Applicant(s) : Mr. C.R. Sahu, Advocate For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 22/04/2026 1. This 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.74/2026 registered at Police Station – Lalbagh (Police Chowki Sukuldaihan) District – Rajnandgaon (C.G.) for the offence punishable under Sections 75(2) of Bhartiya Nyay Sanhita. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.23 19:20:42 +0530 2 2. The case of the prosecution, in brief, is that the complainant has report to concerned police station against applicant that on the date of incident i.e., 27.12.2025, the applicant has send illegal message through his mobile to the victim. Based upon the such complaint of the complainant, the police has registered the offence punishable under Section 75(2) of Bhartiya Nyay Sanhita, 2023 against the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant that the applicant is a 70-year-old person, and the victim is a married woman who runs a beautician and tailoring business from a rented premises owned by the applicant. On the date of the alleged incident, a dispute arose between the parties concerning the prolonged presence of a male individual in the victim’s shop. Owing to this dispute, it is contended that the victim lodged a false report against the applicant. He also submits that there is a delay in lodging FIR against the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that as per the 183 of BNS statement of the victim goes to show that It is further submitted that the applicant allegedly sent vulgar messages to the victim on her mobile phone. Thereafter, the victim informed her husband about the same, pursuant to which an FIR came to be lodged 3 against the applicant, therefore applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicants, submissions made by learned counsel for the parties and from the perusal of the case diary it transpires that there is a delay of two months in lodging the FIR and looking to the age of the applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Manohar Markandey on executing a personal bond with one surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicants 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 Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar 4 number on it, which shall be verified by the trial Court. (e)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali