1 2025:CGHC:49447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1507 of 2025 • Praveen Yadav S/o Ramanarayan Yadav Aged About 29 Years Occupation- Agriculture R/o Village- Parpatiya P.S. And P.O. Kamleshwarpur Tehsil- Mainpat District- Surguja (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, P.S. Kamleshwarpur District- Surguja (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Nishi Kant Tiwari, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.70/2025 registered at Police Station – Kamleshwarpur, District- Surguja (C.G.) for the offences punishable under Section 376(2)(n), 420/34 of IPC. 2. Case of the prosecution, in brief, is that the husband of victim was languashing in jail since 15 years after being convicted for VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 17:50:27 +0530 2 offence of murder and during this period she gave birth to one male child named Lora an one female child named Tagwa and her son died due to snake bit for which she was awarded compensation of Rs.4 Lakhs to withdraw which the applicant and his younger brother took her to bank withdraw it and kept the same. It is further alleged that during these prolonged period the applicant and his younger brother Mahesh Yadav several timed committed forceful sexual intercourse with her and her youngest daughter is born out of the relation with Mahesh Yadav. Thereafter, the report was lodged after her husband came out of the jail. Hence offence has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant that the applicant along with his real brother namely Mahesh Yadav are involved in crime in question and it is alleged that the father of the applicant, who was a witness in the murder case of the complaint’s husband, who was involved in the murder case and he was sent to jail in the said case and husband of the complainant served his jail sentence more about 15 years and thereafter he released from jail and it is alleged that while the complainant’s was in jail applicant’s real brother Mahesh Yadav had made physical relation with the complainant, on account of which one female child was born and as per the DNA report, co- accused Mahesh Yadav was found biological father of said 3 female child namely Tagwa and on account of said fact applicant has also implicated in the present case but the case of the present applicant is totally distinguished from the co- accused Mahesh Yadav. He would submit that the prosecutrix is a major lady aged about 42 years and having total five children, out of which three children from her husband and one child was born out of relation with one teacher, who committed suicide after the revelation of this fact and second child was born out of relation with younger brother of applicant/co- accused namely Mahesh Yadav and investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand learned State counsel opposed the bail application and submits that applicant has no previous criminal antecedent. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, her son died due to snake bit for which she was awarded compensation of Rs.4,00,000/-. Applicant and his younger brother took her to bank and withdraw and kept the same and during these prolonged period the applicant and his younger brother Mahesh Yadav several time committed forceful sexual intercourse with her and her youngest daughter is born out of the relation with Mahesh Yadav and investigation against him is ongoing, therefore, the applicant is not entitled for grant of anticipatory bail in the present case. 4 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, she is major lady aged about 42 years and having total five children, out of which three children from her husband and one child was born out of relation with one teacher, who committed suicide after the revelation of this fact and another child was born out of relation with younger brother of applicant/co-accused namely Mahesh Yadav and the fact that Mahesh Yadav made physical relation with the complainant, on account of which one female child was born and as per the DNA report, co-accused Mahesh Yadav was found biological father of said female child namely Tagwa and on account of said fact applicant has also implicated in the present case but the case of the present applicant is totally distinguished from the co-accused Mahesh Yadav, investigation and conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Praveen Yadav, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 5 (a) The Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali