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Judgment
8 paragraphs · 557 wordsRamesh Sinha, CJ
The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.160/2026, registered at Police Station Kotwali Ambikapur, District Surguja (C.G.) for alleged commission of offence punishable under Sections 75(1)(ii), 78, 79, 309(4), 3(5) BNS and 67 IT Act.
Case of the prosecution, in brief, is that an examination of the case diary reveals that according to the FIR filed by the victim, she stated that while talking to the applicant on his mobile phone regarding filling up a private form and examination at the Government Rajmohini Devi Girls College, Ambikapur, the applicant had sent her obscene photos, objectionable words, and abusive language on WhatsApp. Hence this offence.
It has been argued by learned counsel for the applicant that the applicant is an Assistant Professor at Government Rajmohini Devi Girls College, Ambikapur. It is stated that the victim had gone to the college for admission as a private candidate. It is stated that some dispute arose between the two, because of which the present FIR has been lodged against the applicant just to malign his image. He would submit that the present FIR has been lodged after seven months. It is further submitted that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submitted that the applicant though is an Assistant Professor and the victim had gone to his college for admission in the month of October-November, 2025 and the applicant had tried to outrage her modesty. It is stated that the victim had also protested against the act and conduct of the applicant. She would submit that further the matter was also settled but thereafter the applicant did not mend his ways and used to harass the victim time and again and had also sent some whatsapp messages to her which she on 27/02/2026 had showed to the Principal of the college where the applicant is working and the present FIR has been lodged on 10/03/2026. She would submit that considering the seriousness of the allegations, the applicant is not entitled for the benefit of anticipatory bail.
I have heard learned counsel for the parties and perused the case diary.
Considering the seriousness of the allegations and the material placed on record, it appears that the applicant, despite being an Assistant Professor, repeatedly harassed the victim even after she protested, the record also indicates continued misconduct, including sending objectionable messages, which led the victim to approach the college authorities and eventually lodge the FIR and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail application of the applicant - Dr. Chandra Kishore Kaushal, involved in Crime No.160/2026, registered at Police Station Kotwali Ambikapur, District Surguja (C.G.) for alleged commission of offence punishable under Sections 75(1)(ii), 78, 79, 309(4), 3(5) BNS and 67 IT Act is rejected.
