1 2026:CGHC:1278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 23 of 2026 • Pankaj Das Mahant S/o Jaipal Das Mahant, Aged About 31 Years Old, R/o Ward No. 14, Kodwari Para, Dharamjaigarh, Raigarh District- Raigarh, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Police Station Civil Line Rampur, District- Korba Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anshul Tiwari, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.01.2026 1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.738/2025 registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 64(2)(m), 69, 318 of BNS, 2023. 2. The case of the prosecution, in brief, victim has made a written complaint on 05.12.2025 before P.S. Civil Line Rampur, Korba interalia on the allegation that the victim knew the accused since her childhood and both of them had a liking for each other, and they VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.09 15:54:28 +0530 2 used to talk over the phone, it has been further alleged in her complaint that from the year 2015 until 15th August 2025 the accused has committed forcible sexual intercourse with the victim by employing deceitful means/promise of marriage and refused to marry her. It has further been alleged that when the victim asked the accused and his parents for the marriage, they abused her with abusive language and refused for the marriage. On the basis of the above complaint, present FIR has been lodged against the applicant under the Section(s) 64(2)(m), 69, 318 of Bharatiya Nyaya Sanhita, 2023. That, the copy of the F.I.R is not available as the status of the case is case sensitive due to the offence against women. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the present applicant and the prosecutrix were in a relationship and were known each other from their childhood and she was a consenting party. It is further argued by learned counsel for the applicant is that victim is a major girl. Further there was consensual relationship between them. She further submits that investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State would oppose the bail application of the applicant and submits that as per the statement of the prosecutrix recorded under Section 183 of BNSS, in which she stated that the victim knew the accused since her childhood and both of them had a liking for each other, and they used to talk over the phone, it has been further alleged in her complaint that from the year 2015 until 15th August 2025 the accused has committed forcible sexual 3 intercourse with the victim by employing deceitful means/promise of marriage and refused to marry her. It has further been alleged that when the victim asked the accused and his parents for the marriage, they abused her with abusive language and refused for the marriage therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, levelled against the present applicant, submissions made by learned counsel for the parties and looking to the statement of the prosecutrix recorded under Section 183 of BNS, prosecutrix is a major girl and she was consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pankaj Das Mahant on executing a personal bond and 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. 4 (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali