Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:3705
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 116 of 2026 Tukesh Kumar Yadav S/o Sakundi Yadav Aged About 34 Years R/o Gondi Mohalla, Pendari, District- Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Police Station Lemru, District Korba C.G.
... Non-Applicant For Applicant : Mr. Amishan Hussain, Advocate. For Non-applicant/State : Shri. Shubham Bajpai, Panel Lawyer. For Objector : Shri Punit Ruparel, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 21.01.2026
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.01.23 10:25:49 +0530
l2 the applicant, who is apprehending his arrest in connection with Crime No. 03/2026 registered at Police Station – Lemru, District – Korba (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita (In short, BNS). 2. That, as per the case of prosecution story, it has been alleged that the Applicant and the complainant are in acquaintance with each other since a very long time and they are connected through mobile phones as they have already met each other long ago and have also shared their mobile phones. It has further been alleged that the Applicant has deceived the complainant on the pretext of marriage and they went to Satrenga Resort at Korba on 30.04.2024 wherein, the Applicant has forcefully established a sexual relationship with the complainant and since then, he has been forcefully committing sexual intercourse with her till date on the pretext of marriage. Upon the said allegation, present FIR has been registered against the Applicant in Police Station Lemur, District Korba, Chhattisgarh. (copy of FIR is not available as the allegation is under section 69 of Bharatiya Nyaya Sanhita, 2023). Based on the aforesaid incident, the offence has been registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated
l3 in this case. It is submitted that the applicant was appointed as constable in Police force on 20.04.2013, met the complainant through Face Book in the year 2014, exchanged their contact numbers and thus became well known to each other. It has further been submitted that as the applicant and the complainant belong to the same caste, they decided to get married but as the complainant’s family was not accepting, therefore, they had to get separated.
He further submitted that subsequently, the applicant moved on and got married to some other lady and now having 2 children but, as the complainant remained unmarried, therefore, she has made false allegations in the FIR, which do not disclose any credible material against the applicant as required under Section 69 of the said Act and prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant, who is a responsible Government Official, has indulged in such a heinous crime, therefore, he is not entitled for grant of anticipatory bail in this case. 5.
Learned counsel for the Objector also vehemently opposed the bail application but could not dispute the fact that the said relation between the applicant and the complainant continued
l4 till 2016 and only thereafter, FIR was registered.
6. I have heard learned counsel for the parties and perused the materials available on record.
7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, which transpires that there was an intimate relation between the applicant and the complainant with mutual consent, on account of which, the applicant has been falsely roped in the present crime, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.
8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tukesh Kumar Yadav, on executing a personal bond with 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 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 by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a
l5 copy of their adhaar card alongwith a colored 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 themself in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya