Chattisgarh High Court
Bhagauram Kewart vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:12118
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 299 of 2026
Bhagauram Kewart S/o Udhoram Aged About 52 Years R/o Village Ved
Parasad, P.S.And Tehsil - Masturi, District - Bilaspur, Chhattisgarh.
... Applicant
VAIBHAV
versus
SINGH
Digitally signed by
VAIBHAV SINGH
State Of Chhattisgarh Through Station House Officer Police Station Masturi,
Date: 2026.03.16
11:40:04 +0530
District - Bilaspur, Chhattisgarh. ... Respondent
For Applicant : Mr. Prateek Singh Thakur, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.03.2026
1. Learned counsel for the applicant submits that, in compliance with the Court's order dated 24.02.2026, notice was served upon the father of the victim on 28.02.2026, however, none has appeared to contest the anticipatory bail application either through counsel or through the concerned DLSA.
2. 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.854/2025 registered at Police Station - Masturi, District - Bilaspur (C.G.) for the 2 offences punishable under Sections 333, 74 of the BNS and Section 8 of the POCSO Act.
3. The prosecution story in brief is that, the complainant/victim's father appeared at Masturi Police Station on December 26, 2025, and filed a report stating that he and his wife had gone to Sarganwa village to work at 7:00 AM on December 25, 2025. around 7:00 PM, they found their minor elder daughter, who When they returned home had been alone at home, and she told them that on December 25, 2024, when she went to drop off her younger sisters at the bus stop near Gudihari Talab, Ved Parsada, at 11:30 AM, applicant was already standing there. He approached her and asked, "Where are your mother and father? Where are your sisters going? And where is your brother?" She replied that her parents had gone to work, her two sisters were going to the fair in Seoni, and her brother Arman had gone to work. She then returned home with her younger brother and was getting ready to go to the pond forbath, preparing her clothes, etc. She was alone at home when applicant followed her, entered the house, and with ill intent, grabbed her arms and hold her tightly, pressing her chest and breasts and molesting her. She tried to scream and somehow managed to escape his clutches, running towards the new pond. After some time, applicant came out of the house and ran away down the street.
4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the aforesaid case. It is submitted that as he resides in a house adjacent to that of the complainant and is his neighbor. The applicant is a 52-year-old person and the Sarpanch of the village, and is a reputed member of the society. It is submitted 3 that the applicant has not committed any act as alleged against him and has been falsely roped into the present case. In fact, on the date of the incident, a quarrel took place between the family members of the complainant and the applicant, during which the complainant allegedly entered the house of the applicant and assaulted the applicant's family members and his children. On the same day, the applicant and his family members approached the police authorities to lodge a report against the complainant; however, the police refused to register the same, therefore the daughter of the applicant submitted a complaint before the Superintendent of Police, a copy of which is filed herewith as Annexure A/03. It is further submitted that the applicant has not committed any act attracting the offences alleged against him and therefore no offence under Sections 333 and 74 of the Bharatiya Nyaya Sanhita and Section 8 of the Protection of Children from Sexual Offences Act is made out against him. The prosecution has failed to consider that the incident arose out of a quarrel and fight between both parties on the same day, and the present complaint has been lodged only to falsely implicate the applicant in order to save the complainant from his own acts. The applicant is the sole bread earner of his family having small children, and if he is arrested, his entire family would suffer extreme financial hardship. The applicant is ready to abide by all the directions and conditions that may be imposed by this Hon'ble Court while granting bail and he is a permanent resident of the address mentioned in the cause title; therefore, there is no likelihood of his absconding.
5. On the other hand, learned State counsel opposes the anticipatory bail application.
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6. I have heard learned counsel for the parties and perused the case diary.
7. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, this Court, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Bhagauram Kewart, 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 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 his 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 himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) CHIEF JUSTICE vaibhav