1 CGHC010256692026 2026:CGHC:31541 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1039 of 2026 Hariram Yadav S/o Bhagirathi Yadav Aged About 38 Years R/o Village Diyagarh, Police Station Lailunga, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Lailunga, District Raigarh (C.G.) ... Non-Applicant For Applicant : Shri Ashish Gupta, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23/07/2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.126/2026 registered at Police Station – Lailunga, District – Raigarh (C.G.) for the offence punishable under Sections 126, 76, 351 (3), 70, 3 (5) of the BNS and under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.07.24 11:31:00 +0530 2 Sections 4 & 6 of the POCSO Act. 2. The prosecution story, in brief, is that on 16.04.2026 the victim made a written report with the concerned police station alleging that on 07.07.2025 she went to the field for routine work of agriculture, after doing the work when she was returning to her house at about 11:00 pm, at that time, on the way applicant along with other accused persons stopped her. The present applicant caught hold of her hand and other accused persons pressed her chest and outraged her modesty. It is further alleged that applicant threatened her for life and tried to remove her cloths. Thereafter the victim narrated incident to her parents. On the basis of above report crime has been registered against the applicant and other co-accused persons. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that on earlier occasion also, the family members of the victim had made a false report against other persons and cousin brother of the victim has committed murder of mother of the applicant and on account of previous enmity the applicant has been roped in the present case. He further submits that though allegation of rape has been levelled against the applicant, but MLC report goes to show that no internal or external injury was found on the victim and no definite opinion was given by the doctor and moreover, the FIR was lodged after 9 months of the incident. Therefore the applicant be released on bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, particularly considering that though allegation of rape has been levelled against the applicant, but MLC report goes to show that no internal or external injury was found on the victim and no definite opinion was given by the doctor and moreover, the FIR was lodged after 9 months of the incident, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hariram Yadav, on executing a personal bond with 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 should 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) He should not act in any manner which will be prejudicial to fair and expeditious trial. (c) he should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which 4 shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve