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2026 DAILYLAW 18101 (CHH)

LAVE KUMAR PATEL v. STATE OF CHHATTISGARH

MCRCA/324/2026 · 2026-02-26

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Judgment text

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1 2026:CGHC:10299 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 324 of 2026 Lave Kumar Patel (Wrongly Mentioned As “Lov” In Impugned Order) Aged About 28 Years, S/o Sitaram Patel , R/o Abhishek Vihar, Phase 01 (Wrongly Mentioned As “Face” In Impugned Order), Mangla, Tahsil And Distt. Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Civil Lines Bilaspur, Distt. Bilaspur, Chhattisgarh. ... Respondent For Applicant : Shri Ratnesh Kumar Agrawal, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri 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.193/2026 registered at Police Station –Civil Lines, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.02.27 19:30:16 +0530 2 District Bilaspur (C.G.) for the offences punishable under Sections 376, 376(2)(n), 294, 506 of I.P.C. and Section 4, 6 of POCSO Act, 2012. 2. Case of the prosecution, in brief, is that on 18.04.2017 applicant made physical relationship with prosecutrix with pretext of the marriage, when prosecutrix was minor i.e. 17 years old, thereafter up to 04.01.2026 applicant made physical relationship with prosecutrix. 3. Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in this case. He would submit that the applicant and the prosecutrix were having love affair since 2017 and they developed consensual relationship and she became pregnant also, when the relationship could not materialize, present FIR has been lodged. He would submit that the applicant is permanent resident of Abhishek Vihar, Phase 01, Mangla, Tahsil And Distt. Bilaspur, Chhattisgarh and there is no chance of his absconding and applicant is ready to furnish adequate surety and shall abide by all the directions and conditions, which may be imposed by this Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, perused the statement of the prosecutrix under Section 183 BNSS, considering the fact that the applicant and the prosecutrix were having love affair since 2017 and they developed consensual relationship and she became pregnant also, when the relationship could not materialize, present FIR has been lodged, considering the fact, I am 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 – Lave Kumar Patel, 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 4 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