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2026 DAILYLAW 25993 (CHH)

NIKHIL KUMAR RAJAK v. STATE OF CHHATTISGARH

MCRCA/1044/2026 · 2026-07-09

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Judgment text

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1 CGHC010255612026 2026:CGHC:28923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1044 of 2026 • Nikhil Kumar Rajak S/o Shri Vishnu Rajak Aged About 21 Years R/o Neelgiri, Nagoi Khar, Jamnipali, Police Station Darri, District Korba Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Darri, District Korba Chhattisgarh --- Non-applicant (Cause title taken from Case Information System) For Applicant : Ms. Deeksha Jaiswal, Advocate. For State/Non-applicant : Mr. Soumya Rai, Deputy G.A. For Objector : Mr. Yash Tripathi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This first anticipatory bail application filed 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.185/2026 registered at Police Station Darri, District Korba (C.G.) for the offence punishable under Section 64(2)(M) & 69 of B.N.S., 2023. 2. The prosecution's case, in brief, is that present applicant and victim came in contact 5 years and they were in love affair developed physical relationship. Both were intended to marry each other and remained in contact. On 04.04.2022, applicant established physical relation on several occasions with the victim on the pretext of marriage, DEEPTI JHA Digitally signed by DEEPTI JHA 2 subsequently refused to marry her. Thereafter, FIR has been lodged against the present applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in crime in question. It is further submitted that applicant and victim are acquainted with each other for about 5 years and there was a consensual relationship between them and when the relationship was not materialized, the FIR was lodged against the present applicant and he was implicated in crime in question. It is further submitted that applicant has been falsely implicated due to personal differences after the relationship came to an end, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would opposes the bail application of the applicant and submits that bail application of the applicant is rejected by the Additional Sessions Judge, Katghora (C.G.). It is further submitted that statement of victim has been recorded under Section 183 of BNSS, 2023, wherein she deposed against the applicant and submits that he made physical relation with her on the pretext of marriage, therefore, the applicant may not be enlarged on bail. 5. Learned counsel appearing on behalf of objector supports the submission made by the counsel for the State and opposes the anticipatory bail application. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and further considering the fact that FIR has been lodged belatedly. Further 3 considering the fact that applicant and victim were acquainted with each other for the past 5 years, there was a consensual relationship between the applicant and the victim and when the relationship was not materialized, then said offence has been registered against the present applicant. Futher, considering the fact that charge has not been filed, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nikhil Kumar Rajak, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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/her 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/her 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/herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Deepti Jha