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2026 DAILYLAW 32608 (CHH)

GYANDAS GENDLE v. STATE OF CHHATTISGARH

MCRCA/1367/2026 · 2026-08-19

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Judgment text

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1 CGHC010324152026 2026:CGHC:37446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1367 of 2026 1 - Gyandas Gendle S/o Asharam Gendle, Aged About 35 Years Caste Satnami, Resident Of Karilkuda, Police Station-Lalpur, District - Mungeli (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station-Pali, District-Korba (C.G.) Respondent(s) For Applicant (s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Mr. Shubham Bajpai, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.08.2026 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.295/2026 registered at Police Station Pali, District Korba (C.G.) for the offence punishable under Section 69 of BNS. Digitally signed by R NIRALA 2 2. The prosecution case, in brief, is that the complainant lodged a written report at the police station concerned that the applicant, who was posted as Lecturer in Sapalwa Unit School got acquainted with the complainant and their friendship turned into lover affair, thereafter the applicant agreed to marry her on 07.06.2024 and made physical relations with her on several times but he did not do so. Subsequently an agreement was executed between the applicant and the complainant at Police Station Civil Lines, Bilaspur that he would marry her but on 29.07.2026 he married to another girl. Thereafter a case was registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that the relationship between the applicant and the prosecutrix was consensual and there is also inordinate and unexplained delay in lodging the FIR. He further submitted that the applicant is working as Lecturer and the prosecutrix is also working as teacher and she on her own will made physical relations with the applicant and she nowhere alleged that the applicant made physical relations with her forcefully and in the event of arrest of the applicant, he may be ousted from his government job. Therefore, the present applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the 3 applicant and submit that the applicant has made physical relations with the prosecutrix time and again on the pretext of marriage, therefore, he may not be enlarged on anticipatory bail at this stage. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature of allegation levelled against the present applicant and further considering the fact that the applicant is a lecturer, whereas the prosecutrix is also a teacher and also for the fact that there is delay in lodging the FIR and in the event of arrest of the applicant, he may be ousted from his government job, therefore, without 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 – Gyandas Gendle, 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) 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. 4 (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/her 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 Nirala