1 2026:CGHC:18987 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 617 of 2026 1 - Pavitra Das S/o Parimal Das Aged About 20 Years R/o Gram P.V. 01, Ramnagar, Pankhajur, District Kanker, Chhattisgarh ... Applicant(s) versus 1 - State Of Chhattisgarh Through Police Station Pankhajur, District Kanker Chhattisgarh ... Respondent(s) For Applicant(s) : Mr. Amishan Hussain, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/04/2026 1. This first anticipatory bail application 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.54/2026 registered at Police Station – Pankhajur District - Kanker (C.G.) for the offences punishable under Sections 331(4) & 74 of the Bhartiya Nayay Sanhita, 2023. ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.25 20:28:32 +0530 2 2. As per the prosecution case, it is alleged that on 22.03.2026, in the absence of her husband, the complainant had dinner, secured the main door of her house, and retired to sleep with her children at about 8:30 PM. It is further alleged that shortly thereafter, there was a power outage and she heard some movement outside her room; however, upon checking, she did not find anyone. The complainant then contacted her brother-in-law telephonically to ascertain whether he had come to the house, to which he responded in the negative. At about 9:00 PM, when the complainant opened the door of her room, she allegedly found the present applicant/accused standing in an adjoining room of her house. It is further alleged that the accused misbehaved with her and touched her inappropriately, and upon her raising an alarm, he fled from the spot. On the basis of the aforesaid allegations, the present FIR bearing No. 54/2026 came to be registered on 23.03.2026 at Police Station Pankhajur, District Kanker (Chhattisgarh) against the present applicant for the offences punishable under Sections 331(4) and 74 of the Bharatiya Nyaya Sanhita, 2023. It is further submitted that a copy of the said FIR is not available with the applicant and is also not accessible on the Citizen Portal, as the matter pertains to an offence against a woman. 3. Learned counsel for the applicant submits that the applicant is a young man aged about 20 years, who is a student, is innocent and has been falsely implicated in the present case. It is 3 contended that the allegations levelled against the applicant are vague, unsubstantiated, and motivated by mala fide intentions. It is further submitted that the complainant and the applicant are neighbours residing in close proximity, sharing a common boundary wall, and there exists a long-standing rivalry and strained relations between the complainant’s family and that of the applicant over trivial day-to-day issues, which has been further aggravated due to their support for rival political factions. Therefore, the present case has been falsely foisted upon him. It is submitted that the applicant has no criminal antecedents, it is also contended that the offences alleged under Sections 74 and 331(4) of the Bharatiya Nyaya Sanhita, 2023 are not of such grave nature as to warrant prolonged pre-trial detention, particularly Section 331(4) is not attracted in the absence of any allegation of theft or intent thereof. It is further submitted that the FIR does not disclose any credible material establishing a prima facie case against the applicant, on these grounds, the learned counsel for the applicant prays that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the material available on record prima facie indicates that the present applicant forcibly entered the house of the victim and attempted to outrage her modesty. It is, therefore, contended that in view of the nature and 4 gravity of the allegations, the applicant does not deserve to be enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the allegations against the applicant are of serious nature, involving house trespass and tried to outrage the modesty of a woman within the sanctity of her home. At this stage, the material on record prima facie discloses the involvement of the applicant. Considering the nature and gravity of the offence and the circumstances of the case, this Court is of the view that it is not a fit case to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Pavitra Das, filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.54/2026 registered at Police Station – Pankhajur District - Kanker (C.G.) for the offences punishable under Sections 331(4) & 74 of the Bhartiya Nayay Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Saxena