[Cites 1, Cited by 0]
Chattisgarh High Court
Bhagauram Kewart vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
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
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
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.
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
