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2026:CGHC:6086

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

GOURI

MCRCA No. 103 of 2026

MUDALIAR

Parakh Banjare S/o Ghanaram Banjare Aged About 25 Years R/o

Digitally signed by

GOURI MUDALIAR

Date: 2026.02.04 Nipani, Tehsil And District - Balod, Chhattisgarh

15:04:14 +0530

...Applicant

versus

State Of Chhattisgarh Through Station House Officer, Police Station -

Old Bhilai District - Durg, Chhattisgarh

... Respondent

For Applicant : Shri Ishan Verma, Advocate.

For : Smt. Smriti Shrivastava, PL.

Respondent/State

For complainant : Shri Prabhat Saxena, Advocate.

Hon'ble Shri Ramesh Sinha , Chief Justice

Order on Board

03/02/2026

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.338/2025 registered at Police Station – Old Bhilai

District - Durg, Chhattisgarh for the offences punishable under

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Section 67-A of IT ACT, 2000, Section 79 of BNS, 2023 and

Section 12 of POCSO Act, 2012.

2. Case of the prosecution, in brief, is that upon receipt of the

complaint, Police Station Old Bhilai conducted an enquiry, during

which it surfaced that an unknown person had created a fake

social media ID and through the said ID, uploaded photographs of

the complainant (mother of the minor victim) along with her minor

children and posted obscene, objectionable and sexually explicit

remarks, thereby lowering their dignity and exposing them to

public humiliation, pursuant to which an offence was initially

registered against the unknown person under Section 67 of the

Information Technology Act, 2000 and investigation was

commenced; thereafter, on an application submitted by the

Complainant on 29.10.2025 under Sections 173(4), 175(3) and

178 of the Bharatiya Nagrik Suraksha Sanhita 2023, and learned

Court directed Police Station Old-Bhilai to register the offence and

submit the final report within two months, and in compliance

thereof Police Station Old Bhilai submitted Report No. 2506/25

dated 05.11.2025 stating that FIR No. 338/25 had already been

registered under Section 67(A) of the IT Act on the earlier

complaint of the mother of the complainant, and after vide order

dated 29.10.2025 learned Court directed addition of Section 79 of

the Bharatiya Nyaya Sanhita, 2023 and Section 12 of the

Protection of Children from Sexual Offences Act, 2012.

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3. Learned counsel for the applicant submitted that the mother of the

complainant has been arrested in a case under Section 384 IPC

lodged by the applicant against the mother of the complainant.

Thereafter, it is stated that she has been granted bail. Hence in

retaliation, the present complaint has been filed by the

complainant just for harassment of the applicant, therefore, he

submits that the present applicant is entitled to be released on

anticipatory bail.

4. On the other hand, learned State counsel as also learned counsel

for the objector opposes the prayer for grant of anticipatory bail.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Considering the facts & circumstances of the case, submission of

learned counsel for the parties, materials available on record,

further considering the fact that mother of the complainant was

arrested in a case under Section 384 IPC lodged by the present

applicant and was subsequently enlarged on bail, thereafter the

present complaint has been lodged, considering the fact, without

commenting anything on the merits of the case, I am inclined to

grant anticipatory bail to the present applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that

in the event of arrest of the applicant – Parakh Banjare, on

executing a personal bond and one surety in the like sum to the

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satisfaction of the arresting Officer, he shall be released on bail on

the following conditions:-

(a) 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

dissu