1 CGHC010341302026 2026:CGHC:39077 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1441 of 2026 1 - Amit Kumar Chandra S/o Yugal Kishore Chandra, Aged About 23 Years R/o Village Jhalronda, Tehsil Bhothiya, Distt- Sakti (C.G.) Applicant (s) versus 1 - State Of Chhattisgarh Through S.H.O. P.S. Baradwar, Distt- Sakti (C.G.) Respondent(s) For Applicant (s) : Mr. Ishwar Jaiswal, Advocate For Respondent(s) : Ms. Anusha Nayak, Dy. GA Hon'ble Mr. Justice Ravindra Kumar Agrawal Order on Board 03.09.2026 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.278/2026 registered at Police Station Baradwar, District Sakti (C.G.) for the offence punishable under Section 64 (2) (m) of BNS. Digitally signed by R NIRALA 2 2. The prosecution case, in brief, is that on the basis of a written complaint of the prosecutrix against the applicant/accused, an FIR bearing no.278/2026 was registered against the present applicant under Section 64(2)(m) of the BNS at P.S. Baradwar according to which the prosecutrix who has studied till class 12th, had gone to village Khajurani to take her class 12th examination. At that time, the applicant met her and told her that he loved her and then started visiting her house when her parents were at work. On 12.05.2022, the applicant came to her house in village Paladikhurd when her parents had gone to work and the prosecutrix was at her home alone and at about 12:30 PM, the applicant raped her by forcibly having relations with her in the room saying that he loved her. However, due to fear of social stigma, the prosecutrix did not tell anyone and till 08.03.2025, the applicant had physical relations with her several times. Later on the prosecutrix told about the incident to her parents and aunt and lodged the report against the accused for having physical relation with the prosecutrix by deceiving her with the promise of marriage. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. The date of the incident is 12.05.2022, however the said incident has been reported in the year 2026, which apparently reflects unexplained delay of more than 4 years in lodging the FIR and the prosecutrix is a also a major lady, aged about 24 years and 3 has implicated the applicant in a false case. The applicant is a labourer and he has no criminal antecedents and earns his livelihood by doing the same and his family members depend upon him and if he is sent behind the bars, he and his family members will face irreparable loss. 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 applicant and submit that the applicant has established physical relations with the prosecutrix time and again on the pretext of marriage as such he has committed a very serious offence, 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 that the applicant has no criminal antecedents and there is also delay in lodging the FIR, therefore, without commenting anything on merits of the case, 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 – Amit Kumar Chandra, on executing a personal bond for a sum of Rs.50,000/- and one 4 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. (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/- (Ravindra Kumar Agrawal) Judge Nirala