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2026 DAILYLAW 17365 (CHH)

PURUSHOTTAM SAHU v. STATE OF CHHATTISGARH

MCRCA/274/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8869 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 274 of 2026 Purushottam Sahu S/o Leelaram Sahu Aged About 23 Years R/o Village Mirchid, Police Station Bilaigarh, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Supela, District Durg, Chhattisgarh. ... Respondent For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 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.106/2026 registered at Police Station – Supela, District Durg (C.G.) for the offences punishable under Sections 69 of the BNS. 2. The prosecution's story is that the prosecutrix made complaint to the concerned Police Station that, the applicant promised to marry her VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.20 10:14:08 +0530 2 and continuously made physical relation with her by calling her in hotel. On After three years of sexual exploitation her refused to marry he. On her complaint FIR has been lodged and investigation is going on. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits It is further submitted that the victim herself repeatedly insisted that the applicant meet her and, accordingly, he went to meet her at Supela, Bhilai, where the victim had booked a room for him at Hotel Relax and both met there. Thereafter, for nearly two years, the victim continued to book rooms and invite the applicant to the said hotel, and the expenses were borne by her. During their meetings, physical relations were established between them with the consent and agreement of both parties; the applicant never gave any assurance of marriage nor did he ever force the victim into any relationship. Even if the entire prosecution case is taken at its face value, the victim was a consenting party and remained in a relationship with the applicant for a considerable period of time, which shows that she voluntarily accompanied him and, being a major, was fully aware of the consequences of such a relationship, thus, prima facie, it appears to be a case of a consensual relationship. The applicant craves leave of this Hon’ble Court to raise additional grounds at the time of hearing. He is ready to furnish adequate surety and undertakes to abide by all directions and conditions that may be imposed by this Hon’ble Court. The applicant is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding. 3 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposed the submissions made on behalf of the applicant and submitted that the applicant, on the pretext of marriage, established sexual relations with the victim, therefore, he is not entitled to the 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 and the nature of the allegations levelled against the applicant, and taking into account the statement of the victim recorded under Section 183 of the BNS, it appears that the victim, being a major, and the present applicant were friends and had known each other for the last four years and were in a consensual relationship, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR came to be lodged by the victim on the ground that the applicant refused to marry her. Therefore, without making any further comments on the merits of the case, this Court is inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Purushottam Sahu, 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 4 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