1 CGHC010313932026 2026:CGHC:36361 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1327 of 2026 Mohd. Kalim Asraf S/o Late Shri Kudrat Ali Aged About 41 Years Occupation Service Posted As Technician-I, Secr Bilaspur Division, R/o Village Sonpur, Police Outpost Basdei, P.S. Surajpur, Distt. Surajpur, Chhattisgarh. ... Applicant versus The State Of Chhattisgarh Through Station House Officer, P.S. Surajpur, Police Outpost Basdei, Distt. Surajpur, Chhattisgarh. ... Non-Applicant For Applicant : Shri Sunil Sahu and Shri Sahil Sahu, Advocates. For Non-Applicant : Shri SS Baghel, GA. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 14/08/2026 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.533/2026 registered at Police Station – Surajpur, KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.17 15:42:40 +0530 2 outpost Basdei, District Surajpur (C.G.) for the offence punishable under Sections 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that complainant/the victim, aged about 38 years, a widow lady, lodged written report against the applicant on 21.07.2026 at Police outpost Basdeim P.S.- Surajpur, Distt.- Surajpur (C.G.) with the averment that since 01.03.2023 to 30.06.2026 applicant has developed the physical relation with her on pretext of marriage and committed sexual act on number of occasion due to which she became pregnant earlier and the pregnancy was terminated by giving the medicine. She has mentioned that since 30.06.2026 there is no relation. Therefore victim moved an application on 19.07.2026 at Anuman Committee Surajpur, where the applicant refused to marry her therefore the written report was lodged. 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 victim is the relative of the applicant and looking to her weak financial condition applicant has given monitory help and when he demanded his amount back, a false report of rape on pretext of marriage has been lodged. Earlier the victim has made the same allegation against one Afzal Hussain in the year 2009 and thereafter she has performed marriage with said Afzal Hussain and the victim along with others have committed the murder of first wife of Afzal Hussain therefore, a Crime No. 246/2010 for the offence punishable u/s 302, 201/34 of 3 IPC is registered and she along with others were prosecuted. The victim has lodged the complaint earlier against six persons by labeling the same allegation of 376, 352, 313, 323 of IPC and in the said case Afzal Hussain has been convicted u/s 493 of IPC vide judgment dated 10.10.2014. In the said case her statement has been recorded in which she has admitted about the making of complaint in the year 2009 prosecution of victim u/s 302 and lodging of report of rape against one Afzal Hussain. The applicant is a Govt. Servant working as a Technician Fitter -1 at SECR Bilaspur Division and there is land dispute between the parties and the complainant has been taking loan from the applicant thereafter, she started harassing the applicant by demanding money and threatening him to implicate in a rape case therefore, the applicant has made a complaint before the police of P.S.- Surajpur. In the said complaint police has proceeded u/s 174 of BNSS. The applicant made the report in the police outpost Basdei but no action has been taken in his report therefore the applicant submitted an application to Superintendent of Police on 20.07.2026, Inspector General of police on 21.07.2026 and also sent the copy to District Collector Surajpur. If the averment made in the complaint, statement of the victim is considered the alleged incident had taken place since 01.03.2023 to 30.06.2026 and the report is lodged on 21.07.2026 after about more than three years from the first dated of incident and there is no explanation for delay lodging of the report which is sufficient to show that the 4 victim is falsely implicating the applicant in a case of rape when the applicant did not fulfill her illegal demand of money. Therefore the applicant be released on bail. 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 the allegations levelled against the applicant and delay in lodging the FIR and that the victim is a widow lady having children and their relations appears to be consensual and that the victim has lodged the FIR to harass the applicant, 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 – Mohd. Kalim Asraf, 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 5 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 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