1 2026:CGHC:5048 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 143 of 2026 Kashif Shah S/o Kyam Shah Aged About 30 Years R/o Village Saitangertoli, P.S. Lodam, Distt. Jashpur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Lodam, Distt. Jashpur, Chhattisgarh. ... Respondent For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. For Objector : Mr. Shailesh Kumar Puriya, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2026 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.01/2026 registered at Police Station – Lodam District – Jashpur (C.G.) for the offences punishable under Sections 64(2) (M) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.30 10:50:52 +0530 2 2. The prosecution's story is that victim/complainant lodged a written complaint on 03.01.2026 the prosecutrix, aged about 20 years, has lodged written report at Police Station, Lodam, alleging therein that since last 2 years, the applicant has committed sexual intercourse with her on the pretext of marriage and due to which, she has become pregnant in the month of November and the applicant administered her tablet and got her pregnancy aborted. Thereafter the prosecutrix forced the applicant for Niqah (marriage), but the applicant has avoided to perform Niqah with her and ultimately the applicant has refused to perform Niqah with her, therefore she lodged the report. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the First Information Report has been lodged with inordinate and unexplained delay, evidently with an intent to pressurize the applicant for marriage; that a bare perusal of the contents of the FIR and the conduct of the prosecutrix clearly indicate that she was a willing and consenting party and, therefore, the essential ingredients of the alleged offences are not attracted against the applicant; that the prosecutrix is a well- educated major lady and was fully aware of the nature and consequences of the relationship; that no prima facie case is made out against the applicant; that the applicant is a reputed person and his arrest would cause irreparable damage to his reputation and social standing; and that the applicant undertakes 3 to abide by all directions and conditions that may be imposed by this Hon’ble Court while granting him the benefit of bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the prayer for grant of anticipatory bail of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, it appears that the victim who is aged about 20 years and the present applicant were in a consensual relationship and they established sexual relationship, thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. 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 – Kashif Shah, 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) 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (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