1 2026:CGHC:23871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 787 of 2026 • Satish Kumar Khunte S/o. Babulal Khunte Aged About 43 Years R/o. Village Bilari, P.S. Shivrinarayan, Dist.- Janjgir-Champa (C.G.) ... Applicant(s) versus • State of Chhattisgarh Through P.S. Shivrinarayan District- Janjgir- Champa (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Anmol Gupta, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 15/06/2026 1. In compliance of this Court’s order dated 19.05.2026, notice has been served to the complainant and today victim alongwith her father appeared through video conferencing from DLSA – Janjgir-Champa (C.G.) and they raised objection in granting bail to the applicant. 2. 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.155/2026 registered at Police Station – Shivrinarayan, District- Janjgir-Chamapa (C.G.) for the offences punishable under Sections – 64(1), 65(1) of BNS and Section 4 of the POCSO Act. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.06.17 11:17:44 +0530 2 3. The case of prosecution is that, the on 01.05.2026 ,the victim lodged an FIR that she is the resident of Shivrinarayan, District Janjgir- Champa and on 30.04.2026, she had gone to her maternal grandmother's village namely Mudpar. On the said date of incident, the father of victim along with applicant took her towards Bilari on motorcycle. Near Rahoud, the accused allegedly sent the father of the victim to purchase liquor and taking advantage of his absence, committed forcible sexual intercourse with the victim against her will and threatened to kill her and her father, if she discloses the incident to anyone. Thereafter, the victim went her home and informed her parents about the incident. It is further alleged that when they were going to Rahoud outpost to lodge a complaint, the accused along with his family members assaulted the father of the victim with sticks and iron rod. Hence this FIR. 4. Counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this matter. It is argued that an altercation took place between the applicant and the victim's father on 30.04.2026, regarding which the applicant lodged an FIR against the victim's father on 01.05.2026 at 01:41 hours (attached hereto as Annexure-A/3) and in retaliation, the present FIR was lodged against the applicant on 01.05.2026 at 17:29 hours (attached hereto as Annexure-A/2). It is further argued that the investigation and trial are likely to take considerable time. Therefore, the applicant deserves to be released on anticipatory bail. 5. Per contra, learned State counsel has opposed the prayer for grant of anticipatory bail and submitted that, as per the statement of the victim recorded under Section 183 of the BNSS, the father of the victim, along with the applicant and the victim, had gone on a 3 motorcycle. The father had taken money from the applicant to purchase liquor, and in the meanwhile, the applicant allegedly committed rape on the victim. She further submitted that from the perusal of the statement of the victim, it appears that there was a dispute between the applicant and the father of the victim on 30.04.2026. Therefore, there was no occasion for the victim and the applicant to be left alone. The incident alleged to have taken place on 30.04.2026 is a counterblast to the FIR and is a case of false implication of the present applicant, who is a Government Servant aged about 43 years. She further submitted that the MLC report does not record any definite opinion and the victim did not suffer any injuries. Moreover, it is also apparent from the perusal of the statement under Section 183 that when the father returned, the victim did not make any complaint to him about the incident, nor did she complain to her mother. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, the gravity of the offence, and considering the fact that there was an altercation took place between the applicant and the father of the victim on 30.04.2026, pursuant to which the applicant lodged an FIR against the victim’s father on 01.05.2026 at 01:41 hours, whereas the present FIR came to be lodged subsequently on 01.05.2026 at 17:29 hours. The timing of the two FIRs lends prima facie credence to the applicant’s contention that the recent FIR is a counterblast. Further, as per the prosecution’s own case, the applicant, victim, and her father had gone together on a motorcycle, and the father had taken money from the applicant for purchasing liquor and also the MLC 4 report does not record any definite opinion regarding commission of rape and the victim did not suffer any external injuries. Moreover, as reflected in the statement recorded under Section 183 BNSS, the victim did not make any immediate complaint to her father upon his return, but to her mother, when she went to her house. Further, considering the totality of facts and circumstances, without commenting on the merits of the case, I am inclined to allow the application for anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Satish Kumar Khunte 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. (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/- Sd/- (Ramesh Sinha) Chief Justice Vaishali