Extracted from the PDF above. The PDF is authoritative.
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CGHC010210672026
2026:CGHC:28671
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 819 of 2026 Aman Yadav Son Of Jitendra Kumar Yadav Aged About 26 Years Resident Of Gurugovind Singh Ward, No. 09, Sargaon, P. S. Sargaon, District Mungeli (C.G.)
... Applicant versus State Of Chhattisgarh Through, Station House Officer, Police Station Sirgitti, District Bilaspur (C.G.)
... Non-Applicant For Applicant : Mr. Umesh Pandey, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer For Complainant/Objector : Mr. Suryapratap Yuddhveer Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 09.07.2026
1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 317/2026, registered at Police Station- Sirgitti, District- Bilaspur, (C.G.) for alleged commission of offence RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI
2 punishable under Sections 69 and 296 of the Bharatiya Nyaya Sanhita, 2023.
2. As per the case of the prosecution, in brief, is that the victim lodged a report before the concerned Police Station alleging that the present applicant, on the false promise and assurance of marriage, established physical relations with her on several occasions at different places. It is alleged that the applicant continued to have sexual intercourse with the victim on the representation that he would marry her, but subsequently refused to solemnize the marriage. On the basis of the said allegations, the police registered an FIR against the applicant for the offence punishable under Sections 69 and 296 of the Bharatiya Nyaya Sanhita, 2023. Apprehending his arrest in connection with the aforesaid crime, the applicant has preferred the present application seeking anticipatory bail.
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 the allegations levelled against the applicant are false, baseless and have been made with an ulterior motive. He also submits that the victim is a major and was admittedly acquainted with the applicant, and the relationship between them was consensual in nature. It is further submitted that the victim voluntarily maintained a relationship with the applicant for a considerable period and at no point during the subsistence of the
3 relationship did she raise any grievance or objection against him. The FIR came to be lodged only after disputes arose between the parties, and therefore the allegations do not disclose the ingredients necessary to attract the offence alleged against the applicant. It is also submitted that the prosecution story is highly improbable and appears to have been developed subsequently in
order to falsely implicate the applicant. He further contends that the case is based solely upon the allegations made by the victim and that the material collected during the investigation does not prima facie establish the commission of the alleged offence by the applicant. Therefore, he prays for grant of anticipatory bail to the present applicant.
4. On the other hand, learned State counsel as well as learned counsel for the complainant/objector vehemently opposes the prayer for grant of anticipatory bail and submits that the allegations against the applicant are grave and serious in nature. It is contended that the applicant, by inducing the victim with a promise of marriage, established physical relations with her and thereafter subjected her to continuous exploitation. It is further submitted that the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, substantially supports the prosecution case. In her statement, the victim has specifically alleged that the applicant initially developed acquaintance with her through Instagram and repeatedly persuaded her to marry him. She has further alleged that the
4 applicant established physical relations with her against her wishes and subsequently called her to Mumbai on the assurance of marriage, where he repeatedly had sexual intercourse with her. The victim has also levelled serious allegations of physical assault, criminal intimidation, abuse and harassment, and has stated that the applicant compelled her to engage in sexual acts with other persons against her will. She has further alleged that the applicant circulated her mobile number among unknown persons, retained her private photographs and videos, and thereafter abandoned her after marrying another woman. It is submitted that the statement of the victim contains specific, detailed and consistent allegations directly attributing a clear role to the applicant. Considering the nature of the accusations, the gravity of the offence, it is prayed that the anticipatory bail application of the applicant deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, the material available on record, and the submissions advanced by
learned counsel for the parties, and further the fact that the allegations against the applicant are serious in nature and pertain to sexual exploitation of the victim on the false promise of marriage. further perused the statement of the victim recorded
5 under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein she has made detailed and specific allegations against the applicant. The victim has stated that the applicant developed a relationship with her through social media, repeatedly assured her that he would marry her, and thereafter established physical relations with her. She has further alleged that after calling her to Mumbai on the assurance of marriage, the applicant repeatedly subjected her to sexual exploitation, physically assaulted and abused her, and also compelled her to engage in sexual acts with other persons against her will. The statement further contains allegations regarding criminal intimidation, circulation of her mobile number among unknown persons, retention of her private photographs and videos, and abandonment of the victim after the applicant allegedly married another woman. At this stage, the statement of the victim appears to be specific, detailed and prima facie supports the prosecution case. Having regard to the seriousness of the accusations, the requirement of a thorough and effective investigation, and the possibility of the applicant influencing the victim or other material witnesses, this Court is of the considered opinion that it is not a fit case for grant of anticipatory bail. Without expressing any opinion on the merits of the case, this Court finds no ground to exercise its discretionary jurisdiction in favour of the applicant.
7. Accordingly, the anticipatory bail application of the applicant - Aman Yadav, involved in Crime No. 317/2026, registered at
6 Police Station- Sirgitti, District- Bilaspur, (C.G.) for alleged commission of offence punishable under Sections 69 and 296 of the Bharatiya Nyaya Sanhita, 2023, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar