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2026 DAILYLAW 21522 (CHH)

KAUSHILYA AGARIYA v. THE STATE OF CHHATTISGARH

MCRCA/822/2026 · 2026-06-15

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Judgment text

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1 2026:CGHC:24137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 822 of 2026 Kaushilya Agariya W/o Krishna Agariya Aged About 52 Years R/o Village Balangi, Police Chowki - Balangi, Police Station - Raghunathnagar, District Balrampur, - Ramanujganj (C.G.) ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Raghunathnagar, District Balrampur - Ramanujganj (C.G.) ... Respondent For Applicant : Shri Punit Ruparel, Advocate. For Respondent/State : Shri Shaleen Singh Baghel, G.A. For objector : Shri Roop Ram Naik, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16/06/2026 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 her arrest in connection with Crime No.43/2026 registered at Police Station – Raghunathnagar, District Balrampur - Ramanujganj (C.G.) for the offence punishable under Sections 336, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.17 15:26:10 +0530 2 337 & 64(2)(m) of Bharatiya Nayaya Sanhita, 2023 & section 4 & 6 of Protection of Children from Sexual Offences Act, 2012. 2. Case of the prosecution, in brief, is that in the month of May, 2022 while victim was going towards her house alongwith 10th mark-sheet, at the same time the other co-accused Ramlalan forcefully taken her mark-sheet and demanded to made physical relationship only thereafter he will return mark-sheet, she stated that if the mark-sheet is not given her further education will stop, the co-accused Ramlalan had taken the victim on 10.08.2022 at about 10:00 O'clock in his motorcycle at forest where forcefully committed rape upon her and also captured the vulgar photographs of the victim, by threatening since 2022 to 16.04.2026 the co-accused Ramlalan forcefully committed rape upon her, the allegation against the present applicant is that co-accused Ramlalan, Ravicharan (Secretary of concerned Village) and the present applicant who is the Sarpanch of the gram panchayat Balangi created the fake ration card of victim by replacing father name of victim & mentioned husband name Ramlalan in place of father name of victim in the adhar card, hence the FIR is registered on 29.04.2026. Hence this anticipatory bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant is the Sarpanch of the concerned Gram Panchayat and has no role in the issuance of ration cards under the Chhattisgarh Food Security Act, 2013 and the Chhattisgarh Ration Card Rules, 2016. He would submit that the process of issuance of ration cards and generation of beneficiary IDs is carried out by the competent authorities, and no 3 fabricated ration card was issued by the applicant. He would submit that main allegation is against one Ram Lallan who have taken 10th mark sheet of the victim and has stated that unless the victim establishes physical relationship he will not return the same. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident of address mentioned in the cause title and there is no chance of her absconding, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the objector oppose the prayer for grant of anticipatory bail. 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, materials available on record, considering the nature of allegation levelled against the applicant, further the fact that applicant is a lady and also considering the fact that investigation and trial are likely to take some time, without commenting anything on the merits of the case, 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 – Kaushilya Agariya, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (a) The applicant shall not directly or indirectly make any 4 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 her by the said Court till disposal of the trial. (d) The applicant and the surety shall submit a copy of their 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri