1 2026:CGHC:1088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 5 of 2026 • Nishant Gouraha S/o Shivshankar Gouraha Aged About 32 Years Resident Of Village- Nutan Chowk, Police Station, Sarkanda, District- Bilaspur, Chhattisgarh, ... Applicant versus • State of Chhattisgarh Through- Police Station- Sarkanda, District- Bilaspur, Chhattisgarh, ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravi Kumar Bhagat, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.1657/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Sections 69 of BNS. 2. The prosecution story, in brief, is that the complaint has been lodged against the applicant alleging that he has committed sexual intercourse with the prosecutrix. Based upon the said complaint, the police station has registered the offences under section 69 of B.N.S. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.01.08 17:29:44 +0530 2 against the applicant. Hence, this application. 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. It is submitted by learned counsel for the applicant is that prosecutrix is aged about 37 years old married lady and having two children. He further submits that the present applicant and the victim were in a relationship and she was a consenting party. 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 oppose the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the prosecutrix, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and looking to the fact that, it appears that the prosecutrix and the present applicant were in a consensual relationship and she was a consenting party. Therefore, without further commenting anything on merits, I am inclined to grant 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 – Nishant Gouraha 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 3 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 vaishali