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2026 DAILYLAW 23471 (CHH)

PRIYANK JOSHI v. STATE OF CHHATTISGARH

MCRCA/952/2026 · 2026-06-28

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Judgment text

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1 2026:CGHC:26376 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 952 of 2026 Priyank Joshi Son Of Pramod Joshi, Aged About 28 Years (Aadhar No. 9309 4410 7624) Resident Of House No. 87, Dayma Gali (Wrongly Mentioned As Gopi Lal Dayma Gali), Ward No. 8, Aagar, Aagar Malwa, Shajapur District Aagar Malwa (M. P.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Women Police Station, District - Raigarh (C.G.) ... Respondent For Applicant : Shri Hari Agrawal, Advocate. For Respondent/State : Ms. Palak Dwivedi, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/06/2026 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.06.29 20:18:26 +0530 2 Crime No.19/2026 registered at Police Station – Mahila Thana, Raigarh, District Raigarh (C.G.) for the offence punishable under Sections 69, 115(2) and 127 (2) of the B.N.S. 2. Case of the prosecution, in brief, is that the victim came into contact with the applicant through a social media platform in December 2024. It is alleged that the applicant developed a love relationship with her on the false promise of marriage and, on that pretext, repeatedly established physical relations with her at a hotel in Raigarh and later at a rented house. Thereafter, he allegedly took her to Bilaspur, where he assaulted her, confined her in the house, and repeatedly committed forcible sexual intercourse. The victim subsequently escaped and lodged a written complaint, on the basis of which the present crime was registered. The applicant's anticipatory bail application was rejected by the Court below, leading to the filing of the present application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that no offence under the alleged provisions of the BNS is made out against him. The prosecutrix is a major and educated woman, and the relationship between the parties was consensual and continued for a considerable period. It is further submitted that there was never any false promise of marriage or deception on the part of the applicant. The FIR has been lodged 3 after an unexplained delay and is based on false allegations made with an ulterior motive. It is further submitted that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. 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 under Section 183 BNSS, considering the fact that she came in contact with the applicant in 2024 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. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Priyank Joshi, on executing a personal bond and one local 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