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2026 DAILYLAW 17794 (CHH)

ANUJ KUMAR BHAGAT v. STATE OF CHHATTISGARH

MCRCA/313/2026 · 2026-02-26

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Judgment text

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1 2026:CGHC:10251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 313 of 2026 Anuj Kumar Bhagat S/o Laldev Bhagat Aged About 24 Years R/o Village- Jabla, Tahsil And Police Station- Jashpur, District Jashpur C.G. ...Applicant versus State Of Chhattisgarh Through Office-In-Charge, Police Station- Jashpur, District Jashpur C.G. ...Non-applicant For Applicant : Mr. Sanjeev Kumar Sahu, Advocate. For Non-Applicant/State : Mr. Shubham Bajpayee, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.02.2026 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.24/2026 registered at Police Station – Jashpur, District - Jashpur (C.G.) for the offences punishable under Section 376(2)(N) of the BNS. 2. The case of the prosecution, in brief, is that on 11.06.2024 the prosecutrix has lodged complainant against the present applicant on VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.02.28 10:54:15 +0530 2 22.01.2026 the allegation basis of the promise of marriage was false from very inception of the applicant, thereafter prosecutrix was pregnant on 09.06.2024 and after she is born baby on 16.02.2025, thereafter the family member have organized the caste meeting but not appear the applicant and family member of applicant, thus the prosecutrix has been lodged written report against the applicant, accordingly the officials of the police station Jashpur registered FIR in crime No 24/2026 offences punishable Under section 376(2)(N) of the IPC. against the present applicant. 3. Learned counsel for the applicant submits that the present applicant is innocent and has not committed the alleged offence and has been falsely implicated in the case. It is contended that the prima facie ingredients of the offence under Section 376(2)(N) of the IPC are not made out, as the prosecutrix was a consenting party and was in a love relationship with the applicant. It is further submitted that the prosecutrix is a major lady aged about 20 years, fully capable of understanding her actions, and that a false FIR has been lodged against the applicant. Attention is also drawn to the delay in lodging the FIR, which was registered on 22.01.2026 with respect to the alleged incident dated 11.06.2024, and no proper explanation for such delay has been mentioned therein; a copy of the FIR has been filed as Annexure A/2. It is further submitted that the applicant belongs to a poor family, no incriminating document or material has been seized from him, and his custodial interrogation is not required as his detention would serve no useful purpose. It is also submitted that the applicant undertakes to raise additional grounds at the time of hearing and, therefore, prays that he be granted anticipatory bail. 3 4. On the other hand, the learned State Counsel appearing for the non- applicant/State, and submits that the applicant, on the pretext of marriage, had 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, it appears that the victim, being a major, came into contact with the applicant at the marriage of her sister-in-law on 17.05.2025. Thereafter, they developed an affair and were in a consensual relationship, during which a physical relationship was established and the victim became pregnant. Subsequently, when the relationship could not culminate in marriage, the present FIR came to be lodged by the victim on the allegation 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 – Anuj Kumar Bhagat, 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