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2026 DAILYLAW 1292 (CHH)

SANJAY RATRE v. STATE OF CHHATTISGARH

MCRCA/14/2026 · 2026-01-07

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Judgment text

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1 2026:CGHC:1283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 14 of 2026 Sanjay Ratre S/o Shri Ganga Prasad Ratre Aged About 28 Years R/o Ward No. 7, Patanwar Colony, Yadunandan Nagar Tifra, P.S. Sirgitti, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Mahila Thana, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Mr. Sunil Otwani, Senior Advocate with Mr. Deepak Sharma, Advocate For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Devershi Thakur, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 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.64/2025 registered at Police Station – Mahila Thana District – Bilaspur (C.G.) for the offences punishable under Section 493 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.09 12:50:32 +0530 2 2. The Prosecution story in brief is that the prosecutrix has lodged a written complaint before the concerning Police station alleging that on 18.5.2025 she met the applicant in a café situated in Surya Vihar, Bilaspur. After meeting on 18.05.2025, the prosecutrix and the applicant used to talk to each other on telephone and has developed likings for each other. It is further alleged that the applicant on 8.06.2025 has taken the prosecutrix to his house which is situated in Tifra Yadunandan Nagar for introducing the prosecutrix to the parents of the applicant, on the aforesaid date the applicant has assured the prosecutrix that he will marry the prosecutrix and has entered into physical relation. And it is also alleged that since she got pregnant therefore her pregnancy was also terminated by giving a medicine to her by the present applicant. It is also stated in complaint that the applicant has entered intis wedlock with the prosecutrix and took her to his house, on the basis of the said complaint the offence under section 81 BNS (Corresponding section 493 of IPC) was registered against the present applicant. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is respectfully submitted on behalf of the applicant that the allegations levelled against him are false, concocted and motivated only to exert undue pressure, inasmuch as the prosecutrix herself has admitted in her complaint that the marriage between her and the applicant was solemnized as per Hindu rites and customs, and therefore no offence under Section 81 of the BNS (corresponding to Section 493 IPC) is made out, particularly when cognizance of the said offence can be taken only upon a complaint before the competent court as prescribed 3 under law; moreover, the allegations regarding dowry demand, domestic violence and administration of medicines for termination of pregnancy are bald, self-serving and unsupported by any independent evidence, whereas on the contrary the prosecutrix has a history of lodging false and fabricated complaints, including a serious offence under Section 376 IPC; the applicant is a government servant working as a teacher, a permanent resident of the stated address, and there is no likelihood of his absconding or tampering with evidence, rather his family members have themselves been threatened with false implication, in respect whereof a complaint has already been lodged by the applicant’s mother; hence, in the totality of facts and circumstances, denial of anticipatory bail, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel, as well as learned counsel for the objector, opposed the application by submitting that the prosecutrix has lodged a written complaint alleging that she met the applicant on 18.05.2025 at a café in Surya Vihar, Bilaspur, thereafter both developed acquaintance and liking, and on 08.06.2025 the applicant took her to his house at Tifra, Yadunandan Nagar, introduced her to his parents, assured her of marriage and entered into a physical relationship with her. It is further alleged that when the prosecutrix became pregnant, the applicant administered medicines to terminate the pregnancy. The complaint also states that the applicant entered into wedlock with the prosecutrix and took her to his house. On the basis of these allegations, an offence under Section 81 of the BNS (corresponding to Section 493 of the IPC) has been registered against the applicant. On these grounds, learned State counsel submits that 4 the allegations disclose serious offences and, therefore, the applicant is not entitled to any relief. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations, and the material available in the case diary, this Court finds that the prosecutrix herself has admitted that the marriage between her and the applicant was solemnized as per Hindu rites and customs, and therefore, prima facie, no offence under Section 81 of the BNS (corresponding to Section 493 of the IPC) is made out, particularly when cognizance of the said offence is subject to compliance with the statutory procedure. The allegations relating to dowry demand, domestic violence and the alleged administration of medicines for termination of pregnancy are, at this stage, bald in nature and unsupported by independent material. In view of the above, and without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant has made out a fit case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sanjay Ratre, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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. 5 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav