Nafr High Court
Case Details
1 2025:CGHC:36229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1099 of 2025 Dr. Ashish Sinha S/o Dular Singh Sinha Aged About 47 Years R/o House No. 401, Block A, Aditya Heights, Telibandha, Ravigram, Raipur, District- Raipur (C.G.) versus ... Applicant State of Chhattisgarh Through - Police Station Moudahapara, Raipur, District- Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-Applicant : Mr. Amit Verma, Panel Lawyer For Objector
Legal Reasoning
complainant, who is a lady Doctor and also a PG student, and prima facie finding that the applicant has committed the offences as stated above, the FIR was registered against the applicant, and the matter is under investigation, therefore, the applicant is not entitled for grant of anticipatory bail. 10. Ms. Madhunisha Singh, learned counsel appearing for the objector / complainant strongly opposes the anticipatory bail application contending that the complainant is a promising student and is a gold medalist student in the Degree of Medicine from a Medical College in Russia. She cleared her Foreign Medical Graduate Examination 2020 in the first attempt. The applicant kept an evil eye on the complainant since the beginning and passed filthy and cheap comments. He even tried to touch her private parts and when the complainant did not complied with his evil intentions, she was threatened to fail her in the examination and ruin her career. The complainant tried her level best to make complaints before the authorities of her own Department but when no concrete action was taken, she was constrained to lodge an FIR. Even the Vishakha Committee has found that the applicant is guilty of the charges levelled by her. Earlier also, on 02.11.2020, the ofÏcers and women employees of Sickle Cell Institute Chhattisgarh, had lodged a complaint against the complainant for harassing and abusing the women and behaving with them indecently. The applicant is also an accused of committing financial irregularities. 7 11. I have heard learned counsel for the parties and perused the case diary. 12. The allegations levelled against the applicant are very serious in nature. The applicant was the HOD in Community Medicine where the complainant was pursuing her PG course as second year student. The documents annexed with the case diary goes to suggest that number of complaints were made by the complainant against the applicant and the Vishakha Committee of the Department has also conducted an enquiry and given wherein though there is no direct finding to the effect that the applicant is guilty of the charges levelled against him, however, from the screen shots of the whatsapp chat, it appears that the applicant has tried to make comments on the complainant which was unbecoming on the part of a noble profession of a Physician and that too, being the Head of the Department. The submission that three-four alleged earlier incidents were not mentioned in the FIR does not gives the applicant a clean chit as his overall conduct prima facie appears to be unacceptable. 13. This Court has also perused the statement of the complainant made under Section 183 of the BNSS wherein it appears that similar things have been stated as has been stated in her various complaints. 14. The applicant, who at the relevant time was holding the post of Head of Department, was in a position to influence or intimidate the complainant and as such, the allegations levelled by the complainant cannot be brushed aside. The allegations against the applicant pertain to offences which are grave and sensitive, involving the dignity and bodily integrity of a woman at her workplace. The role of the applicant, being the HOD assumes greater significance. The position of power allegedly used to harass a subordinate cannot be taken lightly. The possibility of the applicant influencing witnesses, tampering with evidence, or otherwise 8 obstructing the fair course of investigation cannot be ruled out at this stage. The FIR does not appear to be motivated or delayed, and the narration of events therein reflects a prima facie case. The matter is at the initial stage of investigation, and at this stage, on the basis of materials available in the case diary, I am not inclined to grant anticipatory bail to the applicant. 15. Accordingly, the anticipatory bail application of the applicant – Dr. Ashish Sinha, involved in Crime No. 0127/2025, registered at Police Station – Moudahapara, Raipur, District Raipur, for the offences punishable under Sections 74, 75(2), 75(3) of the Bhartiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaishali / Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.07.25 20:42:28 +0530
Arguments
: Ms. Madhunisha Singh, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice 25.07.2025 Order On Board 1. This is the first anticipatory bail application filed by the applicant under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, who is apprehending his arrest in connection with Crime No. 0127/2025, registered at Police Station – Moudahapara, Raipur, District Raipur, for the offences punishable under Sections 74, 75(2), 75(3) of the Bhartiya Nyaya Sanhita, 2023. 2. The allegation against the applicant, who was the then Head of the Department, Community Medicine, in Pt. Jawaharlal Nehru Medical 2 College, Raipur, is that he has harassed the complainant mentally and physically, who was a Post Graduate student in Community Medicine at the same College. 3. From perusal of the case diary, the case of the prosecution appears to be that on 04.07.2025, the complainant lodged a complaint against the applicant in Maudhapara Police Station to the effect that in the year 2023, she took admission at Pt. Jawaharlal Nehru Memorial Medical College as a regular student in Community Medicine and she was posted in the Community Medicine Department in the College. The behaviour of the applicant towards her was strange from the beginning, since the time she took admission and the applicant had bad intentions towards her. In the beginning, the applicant used to call her and ask personal things about her viz. where did she came from, where did she lived, about her family and whether she lived alone or with some one and what type of dress she liked to wear. The words uttered by the applicant gave mental pain to the complainant because of which she started keeping distance from the applicant. However, there was no change in the behavior of the applicant, rather his actions started getting worse day by day. Whenever the applicant met the complainant, he used to stare at her from top to bottom with dirty eyes and used to make filthy comments. The said act of the applicant was informed by her to her classmates and a Faculty, then they also came to know about his bad intentions and advised her to stay away from him because the applicant was in their Department, and as such, they had to face each other daily. On 13.07.2024, the applicant asked the complainant to come to the Physiology Department where the applicant was sitting with obscene photos open in his mobile and asked to see them too. When she was about to leave the room, the applicant suddenly pulled her hand and forcefully pulled her towards himself and 3 made her sit beside him. At that time, one Doctor, namely Dr. Ikshit also reached there and he witnessed the said incident. As the complainant was bright student being a gold medalist and her future would be completely ruined, thinking this, she got completely disturbed. 4. When the applicant became the Head of the Department in the Community Medicine Department, his harassment aggravated. The applicant repeatedly asked her to come to his Chamber without any reason, would sit in front of her and talk dirty and obscene things and if she refused to come, he threatened her that he would fail her and not allow her to submit her thesis. He often used to ask her to consume alcohol and attend parties with him. He uttered number of unparliamentary things to her. He even offered that if she was living alone, he would come to her house. On 26.09.2024, there was an event relating to cancer awareness, he sent his own pictures and asked the complainant to send her pictures in short dresses and tortured her. In this way, the applicant has continuously harassed the complainant by uttering filthy words, touching her inappropriately and sending various filthy photographs. He threatened her to obey his orders or else he would fail her in the exam and she would not be able to do anything against him. The complainant informed the entire incident to her family members and her father and brother met one Dr. Prashant , Dr. Tripathi and Dr. Mini and Dr. Kamlesh Jain and informed the entire things but no action was taken against the applicant. On 28.02.2025, a written complaint was made to the Dean of the College and the Director, Medical Education but no action was taken and she was being pressurized to take her complaint back. 5. On 03.03.2025, the complainant was called by the Internal Committee (Vishakha Committee) where she handed over the screenshots, call 4 recordings and on 07.03.2025, the applicant was found guilty by the said Committee and was removed from the post of HOD but still he did not vacate the chamber of the HOD and continued to threaten and harass the complainant. Another complaint was sent by her on 20.06.2025 to the Committee and the Dean but still nothing was done. One day, the applicant caught hold the hand of the complainant and threatened her to withdraw her complaint but anyhow she escaped and ran from that place. Hence, she filed a complaint before the police on 04.07.2025. 6. Mr. Manoj Paranjpe, learned counsel for the applicant submits that the applicant has no criminal antecedents. He has been falsely implicated in this case. The applicant is working and attached with the DME w.e.f. 04.07.2025 and was holding the substantive post of Associate Professor and his promotion on the post of Professor is due. He had worked in Pt. Jawaharlal Nehru Medical College, Raipur for more than 12 years and the complainant is a student of PG, second year (Community Medicine). There is no connection of a PG student with the HOD. He has been falsely implicated at the instance of two persons namely Dr. Nirmal Verma, who was the earlier HOD and Dr. Ikshit Singh, who is also a PG student. Dr. Nirmal Verma was placed under suspension by the State Government vide order dated 05.08.2024 and attached to Government Medical College, Kanker, and the charge of the HOD was given to the applicant and as such, Dr. Verma was having a grudge against the applicant. Dr. Verma was the guide of the complainant till February, 2025 and at the instance of Dr. Verma, the false complaint was made. A complaint was made by the complainant on 28.02.2025 to the Commissioner, Medical Education but when the Department sought clarification from the complainant, she has submitted her reply on 5 21.05.2025 and denied all the allegations. Further, the allegations did not pertain to any sexual harassment. 7. Mr. Paranjpe further submits that the matter was referred to the Vishakha Committee, comprising of five members, constituted in light of the judgment of the Hon’ble Apex Court. The said Committee submitted its report on 07.03.2025 to the Director, Medical Education, and from perusal of the complaint or the report of the Committee, it is clear that there is no allegation relating to sexual harassment. The report dated 28.02.2025 further do not disclose anything which allegedly occurred prior to the lodging of the FIR which clearly shows that the allegations are totally bogus. Some of the students of the College have also made representation to the Commissioner, Medical Education and the concerned Minister in support of the applicant and denied the allegations levelled by the complainant. The applicant has been transferred from Pt. Jawaharlal Nehru Memorial Medical College, Raipur, and temporarily attached to the ofÏce of Directorate, Medical Education, Raipur, vide order dated 04.07.2025. 8. It is further submitted by Mr. Paranjpe that when the Vishakha Committee’s report was sent to the Director, Medical Education and nothing was found against the applicant, the complainant lodged the FIR on 04.07.2025 to anyhow implicate the applicant. Dr. Ikshit Singh, who is also a classmate of the complainant had made an application for grant of leave from 05.12.2024 to 12.12.2024 upon which the applicant, being the HOD had issued notice to him, and as such, he was also having a grudge against the applicant because of his unauthorised absence, his stipend was withheld. Lastly, it is submitted that looking to the entire facts and situation of the case, and further that he is a government servant, 6 and his career would be ruined in case he is arrested, he may be granted anticipatory bail. 9. On the other hand, Mr. Amit Verma, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that since the matter relates to physical and mental harassment of the