1 CGHC010257302026 2026:CGHC:28256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1045 of 2026 • Naresh Tiwari S/o Shri Kaushal Prasad Tiwri Aged About 58 Years R/o Village Baloda, P. S. Baloda, Tehsil Saraipali District Mahasamund C.G. ... Applicant(s) versus • State of Chhattisgarh Through Police Station Baloda, District Mahasamund C.G. ... Respondent(s) For Applicant(s) : Mr. Manoj Kumar Paranjpe, Senior Advocate with Mr. Shubhank Tiwari, Advocate For Respondent(s) : Mr. Shaleen Singh Baghel, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No.37/2026 registered at Police Station – Baloda, District: Mahasamund (C.G.) for the offence punishable under Sections 64, 332 and 351(3) of Bhartiya Nyay Sanhita, 2023 2. Case of the prosecution, in brief, is that on 16.06.2026 at around 10.a.m. the accused entered the house of complainant/victim and committed sexual intercourse with her. When her husband saw them VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.07.09 18:13:23 +0530 2 in compromising position, the applicant ran away from her house. When she went to lodge the FIR she was threatened by the applicant. Hence, on 22.06.2026, the FIR was lodged again the present applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submits that victim is a major lady aged about 40 years and she is already married women and she had extra marital affair with applicant and on the date of incident when victim’s husband saw them in compromising position, she lodged FIR against the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the statement of the victim was also recorded under Section 183 of B.N.S.S, therefore applicant is not entitled for grant to anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and upon perusal of the case diary and other material available on record, it appears that the victim is a major woman and that she was allegedly involved in an extra-marital relationship with the applicant. The material available at this stage further indicates that they established a physical relationship with their 3 free will and consent, without expressing any opinion on the merits of the case, this Court is of the view that the applicant has made out a case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Naresh Tiwari on executing a personal bond and one surety each 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 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 their 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 Vaishali