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2026 DAILYLAW 24205 (CHH)

MOHAMMAD ALLAUDDIN v. STATE OF CHHATTISGARH

MCRCA/984/2026 · 2026-06-30

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Judgment text

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1 2026:CGHC:26893 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 984 of 2026 Mohammad Allauddin S/o Late Murtaja Khan Aged About 39 Years R/o Luthra Sarif, Police Station And Tahsil- Seepat, District : Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through- Police Station- Seepat, District : Bilaspur, Chhattisgarh ... Respondent For Applicant : Shri Vipin Punjabi, Advocate. For Respondent/State : Shri Sourabh Sahu, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 01/07/2026 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.248/2026 registered at Police Station – Seepat, District GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.02 13:32:41 +0530 2 Bilaspur, Chhattisgarh for the offence punishable under Sections 69, 296, 115(2), 351 (3) of B.N.S. 2. Case of the prosecution, in brief, is that on 23.04.2026, the victim lodged a written complaint at Seepat Police Station alleging that she came in contact with the applicant in 2019 at Luthra Sharif Dargah, where he introduced himself as the in-charge of the Dargah and manager of Jamjam Guest House. On the pretext of spiritual healing and later on the false promise of marriage, the applicant established physical relations with her against her will on several occasions at Jamjam Guest House, Luthra, from 2019 onwards. It is further alleged that on 15.02.2026, he again called her to Luthra, forcibly established physical relations, and thereafter refused to marry her, abused, assaulted, and threatened to kill her. On the basis of the complaint, Crime No. 248/2026 was registered at Seepat Police Station for offences under Sections 69, 296, 115(2), and 351(3) of the BNS, and the matter is under investigation. 3. Learned counsel for the applicant submitted that the victim is a major girl and she was known to the applicant since 2019 and thereafter they developed physical relationship. He would submit that the applicant is already a married person and the victim has implicated the applicant in the present case. He would submit that 183 BNSS statement of the victim goes to show that she was in consensual relationship with the applicant, when the relationship 3 could not materialize, she lodged the present FIR. 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. 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 under Section 183 BNSS, considering the fact that she came in contact with the applicant in 2019 and thereafter 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 – Mohammad Allauddin, 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 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 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