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2026 DAILYLAW 10010 (CHH)

DAYA NAND NEGI v. STATE OF CHHATTISGARH

MCRCA/664/2026 · 2026-05-03

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Judgment text

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1 2026:CGHC:20711 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 664 of 2026 Daya Nand Negi S/o- Aasman Negi, Aged About 25 Years R/o- Birsapal Ratinaikaras, Tahsil Konta District- Sukma (C.G.) ... Applicant versus State Of Chhattisgarh Through - Police Station Sukma, District – Sukma (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.05.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 18/2026 registered at Police Station – Sukma, District – Sukma (C.G.) for the offence punishable under Section 69 of the BNS. 2. The prosecution story, in brief, is that the victim has lodged the FIR against the applicant and alleged that he has maintained physical relationship with her since 29.12.2022 till 09.03.2026 on the false promise of marriage. Accordingly, the crime was registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant is innocent and has been falsely implicated in this case. It is submitted that the victim happens to be a major girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submits that from the perusal of the case diary, it transpires that the applicant has established physical relationship with the victim many times on the pretext of marriage. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case-diary, it transpires that the victim happens to be a major girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted 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 – Daya Nand Negi, on executing a 3 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:- (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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar