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2026:CGHC:23462

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 801 of 2026

Pankaj Sharma S/o Late K.P. Sharma Aged About 40 Years R/o Kelash

Nagar P.S. Dantewada District- Dantewada (C.G.)

...Applicant(s)

versus

State Of Chhattisgarh Through S.H.O Ps Frezerpur (Parpa) District- Bastar

(Chhattisgarh) ---Non-Applicant

For Applicant : Ms. Madhunisha Singh, Advocate

For-State : Ms. Sunita Manikpuri, G.A.

Hon’ble Shri Parth Prateem Sahu, Judge

Order on Board

21/05/2026

1. This is the first bail application filed under Section 482 of the

Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’)

for grant of anticipatory bail to the applicant who is

apprehending his arrest in connection with Crime No. 84/2026

registered at Police Station Frezerpur (Parpa) District Bastar

(C.G.) under Sections 115(2), 127(2), 351(2), 49, 64(1) and

64(2) M of BNS.

Digitally signed

by JYOTI JHA

Date:

2026.05.22

11:49:11

+0530

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2. The case of the prosecution, in brief, is that on 19.04.2026,

the complainant/victim lodged a written report at the

concerned Police Station stating that she was working as a

receptionist-cum-attendant in Hotel Anurag Residency, owned

by the applicant. It was alleged that, for the last one year, the

applicant had found that amounts which were required to be

deposited in the account of the hotel had instead been utilized

by the complainant for her personal use. Thereafter, the

applicant allegedly started interrogating her and pressurizing

her to return the said amount. It was further alleged that she

was locked in a room and subjected to torture. The applicant,

along with another friend, took her in his Thar four-wheeler

from District Dantewada to Jagdalpur, where she was again

pressurized to return the amount. It is further alleged that her

family members were called to Surya Hotel at Jagdalpur and,

upon noticing the arrival of a police vehicle, the applicant and

his companion left her near Surya Hotel in the company of her

brother. Thereafter, on 18.04.2026, it is alleged that the

applicant, along with the Manager namely Shyam, came to her

house and, after threatening her brother, took her in a four-

wheeler vehicle to Dantewada, where the applicant committed

sexual intercourse with her. It is further alleged that she was

thereafter taken back to the hotel and confined in a room,

where the applicant again committed sexual intercourse with

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her. Based on the said report, the crime was registered. The

applicant is apprehending his arrest.

3. Learned counsel for the applicant submits that an absolutely

false report has been lodged against the applicant. It is

submitted that the applicant is the owner of Hotel Anurag

Residency and the complainant was working therein as a

receptionist-cum-attendant. It is submitted by the learned

counsel for the applicant that in the impugned order, the

complainant herself admitted that she had taken an amount of

Rs.1.50 lakh to be deposited in the account of the hotel and

utilized the same for her personal use, which clearly indicates

misappropriation of the hotel funds by the complainant. It is

further submitted that the applicant had already lodged a

report on 18.04.2026 at Police Station City Kotwali,

Dantewada regarding misappropriation of an amount of

Rs.3.70 lakh, and only thereafter, the complainant lodged the

present report on 19.04.2026 levelling false allegations

against the applicant. It is also submitted that no other criminal

antecedent has been reported against the applicant.

Therefore, it is prayed that the benefit of anticipatory bail be

extended to the applicant. It is further submitted that the

applicant shall make himself available before the investigating

agency as and when required.

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4. Learned State counsel opposes the submissions advanced on

behalf of the applicant and submits that, on the pretext of

misappropriation of funds, the applicant confined the

complainant in a room of the hotel and committed sexual

intercourse with her. The complainant was taken by the

applicant to another place from the ho