1 CGHC010285812026 2026:CGHC:32084 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1178 of 2026 Salim Tirkey S/o Jaipal Aged About 36 Years R/o Village Sitonga, Police Station - Jashpur, District- Jashpur, C.G. ...Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station - Jashpur, District- Jashpur, C.G. ...Non-applicant For Applicant : Mr. Ashish Gupta, Advocate. For Non-Applicant/State : Ms. Anusha Naik, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.07.2026 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. 188/2026 registered at Police Station – Jashpur, District- Jashpur, (C.G.) for the offences punishable under Section 376 of the IPC. 2. The prosecution story in brief, is that, the applicant has made a physical relation with the prosecutrix on the pretest of marriage & applicant and prosecutrix both were made a relation to each other, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.28 12:14:13 +0530 2 when the applicant denied the perform the marriage with the prosecutrix and applicant married another woman thereafter prosecutrix made a report before the police station. On the basis of above report police has registered a crime against the applicant for the offence punishable U/s 376 of IPC. 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 FIR has been lodged after an unexplained and inordinate delay, for which no satisfactory explanation has been furnished by the prosecution. It is further submitted that both the applicant and the prosecutrix were majors and remained in a consensual relationship for about eight years, during which they voluntarily established physical relations without any objection from the prosecutrix. It is argued that the applicant never induced the prosecutrix into the relationship on the false promise of marriage, and the present FIR has been lodged only after disputes arose between them. Learned counsel further submits that the applicant is a Government servant posted in the B.R.G. Battalion, Sukma, and his arrest would seriously prejudice his service career and future prospects. It is also submitted that the applicant is ready and willing to abide by all the terms and conditions that may be imposed by this Hon'ble Court, is a permanent resident of the address mentioned in the cause title, and there is no likelihood of his absconding or tampering with the prosecution witnesses. Accordingly, 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, the nature of the allegations levelled against the applicant, and the statement of the victim recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, it appears that the victim is a major woman and that she and the present applicant were known to each other and had been in a consensual relationship for about eight years, during which they established physical relations with their free will and consent. Thereafter, when the relationship could not culminate in marriage, the victim lodged the present FIR alleging that the applicant refused to marry her. In the aforesaid facts and circumstances, without expressing any opinion on the merits of the case, this Court is inclined to extend the benefit of 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 – Salim Tirkey, 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 4 Court. (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