Chhattisgarh HC Grants Spa Operator And Brother Anticipatory Bail Over Employee’s Allegations Of Inappropriate Touching And Assault, Citing No Criminal Antecedents

The applicants sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), apprehending arrest in Crime No. 1164/2026, registered under Sections 115(2), 296, 351(3), 74 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The complainant alleged that, while employed at the applicants’ spa, she was subjected to inappropriate touching and, when she went to collect unpaid salary on 25 August 2026, Applicant No. 1 allegedly touched and assaulted her, took her phone, and abused her.

The applicants denied the allegations and claimed they arose after the complainant was dismissed for unsatisfactory work; they also submitted that they had no other criminal antecedents.

The State opposed bail, referring to allegations of inappropriate touching by both applicants, but did not dispute the absence of other criminal antecedents.

The application was considered under Section 482 of the BNSS, which provides for anticipatory bail.

The alleged offences were registered under Sections 115(2), 296, 351(3), 74 and 3(5) of the BNS.

The Court identified no precedent or more detailed legal test; it stated that its decision rested on the facts and circumstances, the nature of the allegations, the parties’ submissions, and the absence of other criminal antecedents.

Having heard both sides and considered the material on record, the Court weighed the allegations against the applicants’ submissions and the absence of other criminal antecedents.

Without expressing any view on the merits, it concluded that these considerations warranted anticipatory bail.

The Court imposed conditions requiring the applicants to be available for interrogation, refrain from influencing persons acquainted with the case, avoid conduct prejudicial to a fair and expeditious trial, and attend each trial-court date.

In the event of arrest in Crime No. 1164/2026, the applicants are to be released on a personal bond of ₹25,000 each, with one surety each for the like sum, subject to the conditions specified in the order.