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2026 DAILYLAW 19019 (CHH)

SURESH KUMAR YADAV v. STATE OF CHHATTISGARH

MCRCA/674/2026 · 2026-05-12

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Judgment text

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1 2026:CGHC:22617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 674 of 2026 Suresh Kumar Yadav S/o Videsh Kumar Yadav Aged About 29 Years R/o Karnaud, P.S. Bamnidih, Distt. Janjgir Champa, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station City Kotwali, Janjgir, Distt. Janjgir Champa, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.05.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.223/2026 registered at Police Station City Kotwali, Janjgir, Distt. Janjgir Champa (C.G.) for the offence punishable under Section 64(2)(m) & 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that on the basis of a written report lodged by the victim, the police of Police Station City Kotwali, Janjgir registered the offence against the applicant. As per the allegations, on 16.01.2023, when the victim was alone in her house, the applicant came there and, on the pretext of marriage, established physical relations with her against her will. It is further alleged that thereafter the applicant continued to establish physical relations with the victim on several occasions on the assurance of marriage. It is also alleged that when the victim became pregnant on two occasions, the applicant administered medicines to terminate the pregnancies. Subsequently, when the applicant refused to marry the victim, the present FIR came to be lodged against him in the year 2026. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the victim is a major girl and was acquainted with the applicant since 2022. During the said period, the applicant and the victim were in a consensual relationship, wherein victim was a consenting party and, on account thereof, they established physical relations with each other and when their relationship could not materialize into marriage, the victim lodged the present FIR against the applicant with an intention to harass him, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the allegation against the applicant is that he established physical relations with the victim on the pretext of marriage and continued the same repeatedly, and when the victim became pregnant on two occasions, he allegedly administered medicines to terminate her pregnancies, and subsequently refused to marry her. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant allegedly established physical relations with the victim on the pretext of marriage and continued the same repeatedly, and when the victim became pregnant on two occasions, he allegedly administered medicines to terminate her pregnancies, and subsequently refused to marry her, but considering the fact that victim is a major girl and was acquainted with the applicant since 2022, during the said period, the applicant and the victim were in a consensual relationship, wherein victim was a consenting party and, on account thereof, they established physical relations with each other and when their relationship could not materialize into marriage, the victim lodged the present FIR against the applicant, 4 further considering the statement of victim recorded under Section 183 of BNSS and the fact that the applicant has no criminal antecedent, as such, without further commenting anything on merits, this Court find it appropriate 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 - Suresh Kumar Yadav, on executing a personal bond with 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. (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 their adhaar card alongwith a colored 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 Akhil