Anticipatory bail denied after considering sexual misconduct allegations and the victim’s Section 183 BNSS statement.

The applicant apprehended arrest in Crime No. 280/2026 registered at Police Chowki Sakrra, Police Station Malkharauda, District Sakti, for alleged offences under Sections 74 and 329(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS)

The complainant, the applicant’s 35-year-old married aunt, alleged that on 25 July 2026 the applicant entered her house, held her left hand, and threw her onto a bed in the veranda with the intention of insulting her; he fled when she raised an alarm

The applicant contended that the FIR was lodged after a three-day delay and arose from an ongoing ancestral-land partition dispute between the families

The State opposed anticipatory bail, relying on the victim’s statement under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in which she alleged that the applicant had made objectionable remarks, thrown her onto the cot, and was also keeping an evil eye on her daughter

Whether the applicant, apprehending arrest for offences under Sections 74 and 329(3) of the BNS, should be granted anticipatory bail under Section 482 of the BNSS

Whether the nature of the allegations and the victim’s statement under Section 183 of the BNSS justified refusal of anticipatory bail

The Court considered the application under Section 482 of the BNSS, which concerns the grant of anticipatory bail to a person apprehending arrest

The alleged offences were under Sections 74 and 329(3) of the BNS

In assessing anticipatory bail, the Court examined the nature and seriousness of the allegations, the relationship between the parties, and the material in the case diary, including the victim’s statement recorded under Section 183 of the BNSS

No judicial precedent was cited or relied upon in the order

The Court found the allegations sufficiently serious, particularly because the applicant allegedly threw his real aunt onto a cot while expressing an intention to do something with her

The victim’s statement under Section 183 of the BNSS substantially supported the prosecution’s case and additionally alleged prior objectionable conduct and an improper interest in the victim’s daughter

Although the applicant relied on the delayed FIR and the alleged family land dispute, the Court, after considering the case diary and the nature of the accusations, was not inclined to extend the discretionary relief of anticipatory bail

Anticipatory bail was refused to Lavish Kumar Dhirhe in connection with Crime No. 280/2026 registered at Police Chowki Sakrra, Police Station Malkharauda, District Sakti, for the alleged offences under Sections 74 and 329(3) of the BNS