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2026 DAILYLAW 36040 (CHH)

UGENDRA KUMAR KUNJAM v. STATE OF CHHATTISGARH

MCRCA/1522/2026 · 2026-09-16

Shri Parth Prateem Sahu

body2026

Judgment text

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1 CGHC010359812026 2026:CGHC:40689 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1522 of 2026 1 - Ugendra Kumar Kunjam S/o - Late Ramchandra, Aged About 26 Years (Wrongly Mentioned In Ordersheet As 36 Years), R/o Village - Lurkajhar, P. S. And Tahsil - Dondi, District - Balod, (C.G.) --- Applicant versus 1 - State Of Chhattisgarh Through - S. H. O. Police Station - Manendragarh, District - M. C. B. (C.G.) --- Respondent (Cause title is taken from CIS system) For Applicant : Mr. Pushkar Sinha, Advocate For Respondent/State : Mr. Afroz Khan, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 17/09/2026 1. This is the first bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of anticipatory bail to the applicant who is apprehending his arrest in connection with Crime No.182 of 2026 registered at Police Station Manendragarh, District – M.C.B. (C.G.) under Sections 62 (2) (m) and 351 (3) of B.N.S. 2. Case of the prosecution in brief is that a written complaint was lodged at Police Station Manendragarh by the victim alleging that on 10.05.2025 at about 10:00 PM, applicant forcefully entered into her house, gagged her mouth, threatened to kill her and committed rape BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 upon her. It is further alleged that on 08.06.2026 at about 12:30 AM, applicant again entered into the house of the victim and committed rape upon her. 3. Learned counsel for applicant submits that applicant is innocent and he has been falsely implicated in this case. Complainant is major married girl aged about 32 years and from the facts as narrated in the complaint if taken on its face value the victim would be a consenting party and false allegation have been levelled against the applicant with ulterior motive. He submits that there is inordinate delay in lodging of FIR. He submits that applicant is a government servant and he will participate in the proceedings, and there is no likelihood of his absconding from the local limits of the Court. Hence, applicant may be extended benefit of anticipatory bail. 4. Learned State counsel opposes the submission of learned counsel for applicant and would submit that there is specific allegation against the applicant of entering into the house of victim on 10.05.2026 and 08.06.2026 and of committing forceful sexual intercourse. However, upon putting query as to the date of FIR, he submits that the FIR/report is dated 09.09.2026. 5. I have heard learned counsel for parties and perused the documents placed on record. 6. Taking into consideration the facts and circumstances of the case and the nature of allegation and submission made by learned counsel for respective parties, without commenting anything on merits of the case, I am inclined to release the applicant on anticipatory bail. 3 7. Accordingly, the anticipatory bail application is allowed. It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, he shall be released on anticipatory bail by the officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting officer. Applicant shall also abide by the following conditions:- (i) that the applicant shall make himself available for interrogation before the investigating officer as and when required; (ii) that 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 facts to the Court or to any police officer; (iii) that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and (iv) that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. Certified copy as per rules. Sd/- (Parth Prateem Sahu) Judge Balram