Chhattisgarh HC Grants Anticipatory Bail To Man Accused Of Months-Long Stalking And Sexual Assault, Citing Public-Place Incident

In brief

The question

Whether the applicant was entitled to anticipatory bail in connection with the alleged offences under Sections 74, 78 and 126(2) of the BNS.

The court held

The High Court allowed the application.

It also directed

It directed that, in the event of arrest in the stated crime, the applicant be released on anticipatory bail upon executing a personal bond of ₹25,000 with one surety for the like sum, to the satisfaction of the arresting officer.

The applicant must cooperate with interrogation when required, must not threaten or induce persons acquainted with the case facts, must not prejudice a fair and expeditious trial, and must attend the trial court on every date until disposal of the trial.

01Facts

The complainant alleged that, for seven to eight months, the applicant had stalked her, made obscene gestures and attempted to enter her house when she was alone.

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She further alleged that on 14 September 2026, he stopped her near a Y-shaped bridge while she was riding a two-wheeler and sexually assaulted her; after she resisted, he threatened her.

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The complaint also referred to an earlier incident in which the applicant allegedly came to her house and threatened her.

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A crime was registered at Mohan Nagar Police Station, Durg, under Sections 74, 78 and 126(2) of the Bharatiya Nyaya Sanhita, 2023.

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The applicant sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, denying the allegations and asserting false implication.

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02Issues

i.Whether the applicant was entitled to anticipatory bail in connection with the alleged offences under Sections 74, 78 and 126(2) of the BNS.

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ii.Whether the nature of the allegations and the fact that the alleged incident occurred in a public place supported granting anticipatory bail.

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03Law Applied

The application was considered under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which provides for a direction for grant of bail to a person apprehending arrest.

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The alleged offences were registered under Sections 74, 78 and 126(2) of the Bharatiya Nyaya Sanhita, 2023.

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The Court stated no precedent or further legal test; it assessed the application by reference to the facts and circumstances, the nature of the allegations and the submissions of counsel.

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Provisions in the judgment · 4 · Linked ones open on LawLens

Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482

Bharatiya Nyaya Sanhita, 2023 Section 74 Section 78 Section 126

04Reasoning

The applicant denied the allegations and argued that the alleged conduct could not have occurred as described at a public place.

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The State opposed bail, relying on the allegation of repeated stalking, the incident on 14 September 2026 and one criminal antecedent.

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The Court also noted, in response to its query, that the complaint did not state that any passer-by had come to the complainant’s assistance.

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Considering the nature of the allegations and the public location of the incident, and without expressing any view on the merits, the Court found it appropriate to grant anticipatory bail.

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