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2026 DAILYLAW 24473 (CHH)

KANHAIYALAL KANNOUJIYA v. STATE OF CHHATTISGARH

MCRCA/995/2026 · 2026-07-01

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:27239 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 995 of 2026 Kanhaiyalal Kannoujiya S/o Motilal Kannoujiya Aged About 40 Years R/o Village Syahi, Post Karamdih, Police Station - Vadrafnagar Basantpur, District - Balrampur-Ramanujganj (C.G.) --- Applicant versus State of Chhattisgarh Post - Balangi, Police Station - Sanawal, District Balrampur-Ramanujganj (C.G.) (In Annexure A/1 Cause Title Wrongly Mention Police Station As Raghunathnagar and Basntpur In Page No. In Now Correct) --- Non-Applicant For Applicant : Mr. Sudhanshu Upadhyay, Advocate. For Non-Applicant/State : Mr. Shailendra Sharma, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 02.07.2026 1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No. 26/2026, registered at Police Chowki - Balangi, Police Station - Sanawal, District - Balrampur-Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 64, 351(2) and 127(2) of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.07.03 16:16:21 +0530 2 2. As per the FIR, on 12.05.2026 at about 8:00 PM, when the victim's in-laws had gone to attend a wedding and the victim was alone at home, the applicant was allegedly found in an objectionable position near the victim's house by Vimlesh Yadav and Pintu. Thereafter, the present FIR was lodged by the victim alleging that the applicant had locked the door from inside, committed forcible sexual intercourse with her, and threatened to kill her and her in-laws if she disclosed the incident to anyone. The investigation in the present case is currently underway. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further contends that the allegations levelled against the applicant are false, exaggerated, and motivated. It is also submitted that the applicant has been residing in the same locality for a considerable period and that no previous complaint of a similar nature has ever been made against him. On these grounds, learned counsel prays for the grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submitted that according to the material collected in the case diary, the applicant/accused is alleged to have committed forcible rape upon the victim and threatened to kill her if she disclosed the incident to anyone. The investigation into the offence is still pending, and the allegations reflect the extremely serious nature of the offence. Therefore, the present anticipatory bail application of the applicant is liable to be rejected. 5. I have heard learned counsel for the parties and perused the material available on record. 3 6. Considering the facts and circumstances of the case, allegations levelled against the applicant, and from the perusal of the records available, it transpires that the applicant/accused is alleged to have committed forcible rape upon the victim and threatened to kill her if she disclosed the incident to anyone, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the Anticipatory Bail application of the applicant – Kanhaiyalal Kannoujiya, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 26/2026, registered at Police Chowki - Balangi, Police Station - Sanawal, District Balrampur-Ramanujganj (C.G.) for alleged commission of offence punishable under Sections 64, 351(2) and 127(2) of Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Preeti