1 2026:CGHC:8103 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 231 of 2026 Ashutosh Bhagat S/o Muneshwar Bhagat Aged About 26 Years R/o Village Godhi B., Police Station Bagbahar, District Jashpur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Kansabel, District Jashpur C.G.... Non-applicant For Applicant : Mr. Dinesh Yadav, Advocate. For Non-applicant/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 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 SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.13 19:45:16 +0530 2 with Crime No.15/2026 registered at Police Station – Kansabel, District – Jashpur (C.G.) for the offence punishable under Section 376(2) IPC. 2. Briefly stated, case of the prosecution is that on 15-03-2019, the Applicant, under the pretext of marriage, allegedly had sexual intercourse with the prosecutrix. Thereafter, it is alleged that the Applicant continued to engage in sexual intercourse with her from time to time. However, when the Applicant’s marriage was fixed with another girl, the prosecutrix lodged a complaint with the police. Based on these allegations, offence as mentioned above has been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is further submitted that the incident is 9 years old and even assuming the prosecution version to be correct, the prosecutrix was a consenting party, as she and the Applicant were in a relationship since 15-03-2019, i.e., for about seven years. This clearly indicates that the prosecutrix voluntarily accompanied the Applicant for a considerable period and being a major lady of 30 years, she was fully aware of the consequences of her relationship. Thereafter, without 3 informing the Applicant, the prosecutrix went to Mumbai for livelihood and when the Applicant’s marriage was fixed, she lodged a false complaint before the concerned Police Station. therefore, he deserves to be granted the benefit of anticipatory bail. 4. Learned State Counsel opposes the grant of anticipatory bail to the Applicant and submits that charge sheet has not been filed and the investigation is going on, therefore, his application for anticipatory bail may be rejected. 5. Having heard learned Counsel for the parties, upon perusal of the record and the facts of the case, this Court finds that the Applicant has been prima facie falsely implicated and that the allegations do not necessitate custodial interrogation at this stage. It is also evident that the relationship between the Applicant and the prosecutrix, who is a 30 year old lady, was long-standing and consensual. Considering the nature of the dispute and that investigation is still going on, without further commenting anything on merits, the Applicant is held entitled to the protection of anticipatory bail. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Ashutosh Bhagat, on executing a personal bond with one surety in the 4 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya