Extracted from the PDF above. The PDF is authoritative.
1
CGHC010193902026
2026:CGHC:28020
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 784 of 2026 Reshamlal Sidar Son Of Bhugdev Sidar, Aged About 27 Years Resident Of Village Jharsuguda, Police Station Chakradhar Nagar, Tahsil And District- Raigarh (C.G.) (Description Mentioned As Per The Second Page Of Order Sheet) ...Applicant
versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Mahila Thana, District- Raigarh (C.G.) ...Non-applicant
For Applicant : Mr. Jitendra Shukla, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 07.07.2026
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. 32/2026 registered at Police Station – Mahila Thana, District- Raigarh (C.G.) for the offences punishable under Section 69 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.07 18:06:33 +0530
2
2. The prosecution story in brief is that in the Month of June-2024, the victim know to the applicant through Facebook medial and talking each other and both of them like to each other and on 14-02-2025,the applicant came Raigarh and taken the victim at A.V.N. Hotel Savatri Nagar and on the pretext of marriage made sexual intercourse with her and thereafter the applicant came in the rented house of the victim and on the pretext of marriage made physical intercourse with her many times, but the applicant trying to marriage with another girl. 3. Learned counsel for the applicant submits that the applicant is innocent and has neither committed nor participated in the alleged offences. It is contended that the material collected during the investigation does not disclose any prima facie case against the applicant. Learned counsel further submits that the prosecutrix is a major and was in a consensual relationship with the applicant from June, 2024 till 30.03.2026 after they came into contact through a social media platform, and the physical relationship between them was consensual. It is further submitted that the FIR was lodged on 23.04.2026 after an unexplained delay, which casts doubt on the prosecution case. Learned counsel also submits that custodial interrogation of the applicant is neither necessary nor justified.
It is further submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding, and he is ready to furnish adequate surety and abide by all such terms and conditions as may be imposed by this Court. Hence, it is prayed that the applicant be granted the benefit of anticipatory bail. 3
4. On the other hand, the learned State Counsel appearing for the non- applicant/State, opposes the submissions made on behalf of the applicant and submitted that the applicant, on the pretext of marriage, had sexual relations with the victim; therefore, he is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and the nature of the allegations levelled against the applicant, as also the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, it appears that the victim, being a major, and the present applicant were known to each other and were in a consensual relationship, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR came to be lodged by the victim on the allegation that the applicant refused to marry her. Therefore, without expressing any opinion on the merits of the case, this Court is 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 – Reshamlal Sidar, 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. 4 (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/- (Ramesh Sinha) CHIEF JUSTICE vaibhav