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2026 DAILYLAW 19556 (CHH)

GOPAL AGRAWAL v. STATE OF CHHATTISGARH

MCRCA/709/2026 · 2026-05-10

body2026

Judgment text

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1 2026:CGHC:22040 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 709 of 2026 Gopal Agrawal Son Of Ramnarayan Agrawal Aged About 26 Years Resident Of Ward No. 02, Azad Chowk, P. S. Abhanpur, District Raipur Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Abhanpur Raipur, District Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Rekhraj Baghel, Advocate. For Respondent(s) : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.05.2026 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.443/2026 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Abhanpur Raipur, District Raipur (C.G.) for the offence punishable under Section 376(2)(n) of the IPC. 2. Prosecution case in brief is that the complainant lodged a report at the concerned police station alleging that the applicant established physical relations with the victim several times on the pretext of marriage and subsequently refused to marry her. On the basis of the said allegations, the police registered an FIR against the applicant for the offence punishable under Section 376(2)(n) of the IPC. Due to the sensitive nature of the offence, the FIR has not been filed along with the application. Hence, the bail application. 3. Learned counsel for the applicant would submit 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 for the last two years. 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. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the allegation 3 against the applicant is that he allegedly established physical relationship with the victim on false pretext of marriage and later 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 allegedly the applicant established physical relationship with the victim on false pretext of marriage and later refused to marry her, but considering the fact that the victim is a major girl and was acquainted with the applicant for the last two years, 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, 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 - Gopal Agrawal, on executing a personal bond with one surety in the like sum to the 4 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