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2026 DAILYLAW 32853 (CHH)

BHASKAR KAIWART v. STATE OF CHHATTISGARH

MCRCA/1197/2026 · 2026-08-04

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Judgment text

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1 CGHC010284622026 2026:CGHC:34286 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1197 of 2026 Bhaskar Kaiwart S/o Mohanlal Kaiwart Aged About 32 Years R/o Village Bengpali Plice Station Sarsiwan, District Sarangarh Bilaigarh C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station, Sarsiwan, District ... Non-Applicant For Applicant : Shri Malay Shrivastava, Advocate. For Non-Applicant : Shri Shubham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/08/2026 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.149/2026, registered at Police Station Sarsiwan, District Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Sections 69, 87, 115 (2), 296 & 351 (3) of the BNS. KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.06 17:21:30 +0530 2 2. Allegation against the present applicant is that the applicant has allured the victim and on the pretext of marriage committed sexual intercourse with her from 25.7.2019 to 20.6.2026 and also threatened the victim that he would viral the video of the victim. Thereafter the matter was reported to the police and the FIR has been registered against the applicant. Hence, the bail application. 3. At the outset, learned State Counsel has pointed out that notice has been served to the father of the victim, as the victim has gone elsewhere for work and prayed that the matter may be adjourned. 4. Considering that it is an anticipatory bail application and notice has already been served on the father of the victim, hence it is presumed that the notice is served to the victim. 5. Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case. He further submits that the victim was having affair with the applicant from 2019 to 2026 and thereafter she was married to other person. Thereafter she again came back. The relations between the applicant and the victim were consensual. Hence he prays to enlarge the applicant on anticipatory bail. 6. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail on submission that in her statement recorded under Section 183 of the BNSS the victim has stated that she was having relation with the applicant before her marriage. Thereafter the applicant has gone to the in-laws’ house 3 and sought sexual favour. When the applicant could not succeed, he threatened the victim that he would send the photographs and video to her husband and in-laws on account of which FIR has been lodged. He further submits that in-laws of the victim has executed an agreement that since the victim is having affair with the applicant, they have decided to marry their son again. 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the nature of allegation made against the present applicant and also considering the statement of the victim recorded under Section 183 of the BNSS wherein it is mentioned that the applicant has sought sexual favour from the victim and also threatened the victim to send the photographs and video to her husband and in-laws, I am not inclined to grant anticipatory bail to the applicant. 9. Accordingly, the anticipatory bail application of the applicant - Bhaskar Kaiwart, involved in Crime No.149/2026, registered at Police Station Sarsiwan, District Sarangarh-Bilaigarh (C.G.) for alleged commission of offence punishable under Sections 69, 87, 115 (2), 296 & 351 (3) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Barve