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CGHC010338742026
2026:CGHC:42015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
1437
of 2026
• Arun Kumar Sahu S/o Ashok Sahu Aged About 22 Years R/o Yadav Nagar Tifra, Tehsil And District- Bilaspur (C.G.)
... Applicant versus • State Of Chhattisgarh Through- Station House Officer, Police, Station Sirgitti, District- Bilaspur (C.G.) ... Respondent For Applicant : Mr. Ghanshyam Patel, Advocate For Respondent-State : Mr. Afroz Khan, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 26/09/2026
1. Applicant has preferred this application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 578/2026 registered at Police Station- Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 69, 296, 115(2) of BNS, 2023.
2. Case of prosecution, in brief, is that victim had lodged written report alleging that on 23.06.2026 applicant came to her house, stayed there for two days and at that time he established physical relationship with her on the pretext of marriage. When she went along with applicant to his house, father of applicant ousted her and thereafter the report is lodged.
3.
Learned counsel for the applicant would submit that the allegation levelled against applicant is false and baseless, he has been falsely implicated in the crime. He submits that earlier also in the year 2022, PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 similar nature of allegation has been levelled against applicant when the victim was minor and therefore along with other offence, the offence under Section 5(1)/6 of the POCSO Act was also registered. He contended that as per allegation the applicant resided in the house of victim for two days and therefore in the facts and circumstances of the case where the applicant was earlier prosecuted for the similar nature of offence, allegations levelled appears to be false and fabricated with ulterior motive. After acquittal of applicant in the earlier crime, victim executed an affidavit that she would marry in her own community and the applicant would marry in his own community. 4. On the other hand, learned State counsel opposes the submission of counsel for applicant and would submit that according to the allegation levelled in the F.I.R., it is apparent that applicant has established physical relationship with victim on the pretext of marriage. He submits that in the statement of victim recorded under Section 183 of BNSS, there is mention that earlier also applicant has committed similar offence against which report was lodged and according to the judgment of the trial Court, it is appearing that applicant has been acquitted from the charges levelled against him. 5. I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application. 6. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, without commenting anything on merits, I am inclined to allow this anticipatory bail application. 7. Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question (578/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the
3 / 3 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 Investigation 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. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn
JUDGE