2025:CGHC:59330 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1831 of 2025 Xyz Nil ... Applicant versus State Of Chhattisgarh Through Police Station Telibandha, District – Raipur (C.G.)

... Non-applicant For Applicant : Mr. Anand Dahariya and Mr. Amit Singh, Advocates.

For Non-Applicant/State : Mr. Swajeet Singh Ubeja, Panel Lawyer.

RAJSHEKHAR SONI For Objector/Complainant : Mr. Palash Agrawal, Advocate.

Digitally signed by RAJSHEKHAR SONI Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

05.12.2025

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. 460/2025 registered at Police Station – Telibandha, District – Raipur (C.G.) for the offences punishable under Sections 64(2)(f) and 65(2) of the BNS and Section 4 of the Prevention of Children from Sexual Offences (POCSO) Act.

2.

As per the prosecution story, in short, the complainant lodged a complaint to this effect that, the applicant who is the husband of the complainant has tried to stimulate the private part of his daughter namely 'X' aged about 6.5 years on 23.04.2025. In the complaint, it has been stated that the complainant who is the mother of the victim left her house on 22.04.2025 by leaving her minor daughters with the applicant and returned back on 24.04.2025, at about 8:30 PM on phone call made by friend of applicant namely Yogesh Bansal and his wife Pinky Bansal who informed that daughter namely 'X' has been dropped at their house by the applicant who is suffering from fever. As per story, on receiving call from Yogesh Bansal and Pinky Bansal, the complainant immediately rushed to the house of Yogesh Bansal and Pinky Bansal and saw that the daughter is shivering as she was suffering from fever and repeatedly going washroom due to which the complainant doubted and asked from the daughter who stated that on 23.04.2025 while she was sleeping the accused removed her panty and tried stimulate her private part with his fingers. On the basis of the above allegation, the FIR was lodged against the applicant. Hence, this application.

3.

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that there is a matrimonial dispute between the applicant and the complainant, and their marriage was solemnized in the year 2010 and out of the wedlock 2 female children were born, and as the relationship between both of them became uncordial, the complainant who is the wife of the applicant/accused has separated since 12.02.2021 and divorce petition was also fled by her before the Family Court, and the two minor girl children are living with the complainant. It is submitted that the present incident is said to have taken place on 23.04.2025, wherein the allegation levelled against the applicant that he has sexually assaulted his minor child who was 6 years and 7 months old, for which an FIR was lodged by the complainant on 28.07.2025 at the Police Station Telibandha, District – Raipur, for offence under Sections 64(2)(f) and 65(2) of the BNS and Section 4 of POCSO Act. It is submitted that the MLC of the victim child was performed and MLC report goes to show that the doctor has opined that no definite opinion can be given regarding recent sexual intercourse, furthermore, no such injury of sexual assault was seen in her private parts. It is also submitted that though there is an FSL report which goes to show that the human sperm was found, but as per the allegation made in the FIR, it is a case of stimulating the private part of the victim by fingers only, hence, the FSL report cannot be relied upon. Subsequently, another FIR was also lodged by the complainant on 25.04.2025 against the applicant bearing Crime No. 235/2025 registered at the same Police Station Telibandha, District – Raipur, for an offence under Sections 296, 115(2) and 351(2) of BNS, which has b