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2026 DAILYLAW 21574 (CHH)

UMESH KUMAR JAIN v. STATE OF CHHATTISGARH

MCRCA/751/2026 · 2026-06-15

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Judgment text

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1 2026:CGHC:24135 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 751 of 2026 Umesh Kumar Jain S/o- Jeevan Lal Jain Aged About 48 Years R/o- Ward No. 55, Nandi Chowk, Hatri Bazar, Mukesh Provision Store, Tikrapara, Raipur Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Tikrapara, District- Raipur, Commissionerate, Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Manoj Paranjpe, Sr. Advocate with Shri Siddharth Tiwari, Advocate. For Respondent/State : Shri Sourabh Sahu, PL 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 his arrest in connection with Crime No.347/2026 registered at Police Station – Tikrapara Raipur, Chhattisgarh for the offence punishable under Section 69 B.N.S. 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.17 15:26:10 +0530 2 2. Case of the prosecution, in brief, is that in 2024 when the complainant was residing at Nandi Chowk, Tikrapara in the rented accommodation owned by Paan Bai, at that time the complainant got in touch with the applicant who is also resident of Nandi Chowk Tikrapara and who in the pretext of marriage, from 08.07.2024 to 25.03.2025, physically abused the complainant. The complainant is 28 years old and is native of District-Sakti and was working in a Ayurvedic Company. Nandini Yadav used to purchase the product from complainant and Nandini Yadav used to insist the complainant to meet the applicant. On 08.07.2024, the applicant called the complainant to his residence for his birthday. At 7:00 PM, the complainant went to the residence of the applicant and at that time no one was at home. The applicant offered snacks and cold drinks to the complainant and thereafter at 9:00 PM physically abused the complainant at his room. The applicant on many occasions has physically abused the complainant in the hotel situated at the back side of Railway Station Gurudwara. Last physical relation was established on 25.03.2025 and now the applicant is refusing to marry the complainant. 3. It has been argued by learned counsel for the applicant that the victim is a major lady aged about 28 years and she came in contact with the applicant through one Nandini Yadav who used to use her product. It is argued that the applicant had called her to his house and thereafter sexually exploited her. It is further submitted that on various occasions she established physical relationship and the applicant has assured that the applicant will marry the victim though he was already a married person having children. It is further argued that earlier also two complaints were made by the victim of a similar nature where she 3 admitted the fact that the applicant is already a married person having children and the same was withdrawn. 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 his absconding, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes 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, also perused the statement of the victim who is a major girl aged about 28 years under Section 183 BNSS, considering the fact that she came in contact with the applicant and they established consensual relationship and 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 – Umesh Kumar Jain, 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 4 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 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