1 2026:CGHC:5345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 21 of 2026 Rajesh Malekar S/o Late Mohan Malekar Aged About 23 Years R/o Block No. 18, Atal Awas, Kali Mandir Road, Police Station Old Bhilai, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.- Old Bhilai, District Durg C.G. ... Respondent For Applicant : Shri Rahil Arun Kochar & Shri G.P. Dandekar, Advocates. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/01/2026 1. Learned State counsel has submitted that the notice has been served to the aunt of the victim on 22/01/2026. Despite of notice being served, the complainant is not present either in person or through counsel or through virtual mode from DLSA. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.31 19:10:40 +0530 2 2. 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.414/2024 registered at Police Station – P.S.- Old Bhilai, District Durg (C.G.) for the offences punishable under Sections 137(2), 87, 78(1) of the BNS & 8 of the POCSO Act. 3. Case of the prosecution, in brief, is that complainant lodged a FIR dated 12.10.2024 at the police station Purani Bhilai, that the complainant and along with her minor girl aged about 16 years and 04 months went to evergreen city, Umda for labour work. At around 09:30 AM her minor girl asked the complainant for money and went to the store to buy groceries which is nearby San. However, she did not return back. Thereafter the complainant lodged the FIR through written complaint against the unknown person by stating that some unknown person lured her daughter away from her lawful guardian. On the basis of the complaint the police registered the offence U/S 137(2), 87, 78(1) of the BNS & 8 of the POCSO Act. 4. Learned counsel for the applicant submitted that as per 183 BNSS statement of the victim aged about 16 years and 4 months she eloped with the applicant and she was having an affair with him, she went with the applicant and she expressed her desire to marry the applicant, accompanied him by train on 11/10/2024. It is stated that she of her own sweet will established physical relation with the applicant and she has denied the allegation against the applicant, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. He would further submit that charge sheet has been filed against the applicant as an absconder. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submission of learned counsel for the parties, perused the statement of the victim under Section 183 BNSS aged about 16 years and 4 months and as per her statement she eloped with the applicant and was having an affair with him, she went with the applicant and expressed her desire to marry the applicant, accompanied him by train on 11/10/2024 and she of her own sweet will established physical relation with the applicant and she has denied the allegation against the applicant, considering the fact, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rajesh Malekar, 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 4 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri