MCRCA/1705/2026 of YASHWANT DEWANGAN Vs STATE OF CHHATTISGARH on 13 October 2026

1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 208/2026 registered at Police Station- Bilaigarh, District – Sarangarh - Bilaigarh (C.G.) for the offence punishable under Sections 74, 75 (1), 336 (3) of the BNS, 2023.

2. Case of prosecution, in brief, is that, the complainant Mohanlal Sahu who is posted as peon in the office of Sub-Divisional Magistrate, Bilaigarh lodged report on 01/10/2026 along with the letter dated 28.09.2026

issued by the office of Sub-Divisional Magistrate, Bilaigarh, District Sarangarh- Bilaigarh (CG) and letter dated 28.09.2026 of the office of the Collector, District - Sarangarh - Bilaigarh (CG), along with the inquiry report dated 10.09.2026 prepared by the office of the Sub-Divisional Officer (R), Bilaigarh, District Sarangarh - Bilaigarh for registering the offence and taking legal action against the applicant, the then Chief Municipal Officer for allegedly engaging in indecent and obscene acts with the sanitation workers, violating their dignity, sexually harassing, molesting, and intentionally tampering with Agenda No. 21 by fabricating a document with the intention of removing the complainant women from their jobs. On the basis of the aforesaid documents and complaint, FIR was registered bearing Crime No. 208/2026 for the offence punishable under Sections 74, 75 (1), 336 (3) of the BNS, 2023. During the investigation, the inquiry report of the Sub - Divisional Officer (R), Bilaigarh, was included in the case. Against the said FIR, the applicant is apprehending his arrest.

3. Learned counsel for the applicant would submit that the applicant is innocent. He has been falsely implicated in the crime. He has not committed any offence as alleged. He submits that the applicant has joined the post of Chief Municipal Officer, Nagar Panchayat Bilaigarh on 03.08.2026 and according to the allegation, the incident is of 27.08.2026. The members of the women self-help group namely, Jai Maa Samlai Mahila Swayam Sahayata Samuh came to his office and thereafter, some exchange of words took place. The applicant was not known to any of the members of the self-help group and therefore, the allegations leveled on its face is prima facie false and baseless. He contended that as per allegations 10 women visited the chamber of the applicant and therefore also, the nature of allegations leveled against the applicant appears to be false and baseless. Applicant is a government servant. There is no

apprehension of his absconding and he will participate in the investigation and co-operate in the trial. There are no criminal antecedent registered against the applicant. Hence, he may be enlarged on bail.

4. On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that specific allegations of speaking obscene words and also making obscene conduct by gestures is reported in the FIR. Based upon which, the FIR was registered.

5. Learned counsel for the Objector submits that before registration of the FIR, on the complaint made to the Sub-Divisional Officer (R), Bilaigarh, enquiry was conducted and as per the enquiry report, the allegations were found to be true and only thereafter, the report was lodged.

6. I have heard learned counsel for the respective parties.

7. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, applicant is a government servant, there is no other criminal antecedent against him, without commenting anything on merits, I am inclined to allow this anticipatory bail application.

8. Accordingly, application is allowed and it is directed that in the event of arrest of applicant, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:

(i) that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;

(ii) that the applicant 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/her from disclosing such facts to the Court or to any police officer;

(iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and

(iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial

9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) Dey

Judge SHUBHAM DEY Digitally signed by SHUBHAM DEY