1 2026:CGHC:17251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 361 of 2026 Rakesh Kurre S/o Late Amardas Kurre Aged About 23 Years R/o Gram- Chamari, P.S. Bhatapara Gramin, District Balodabazar-Bhatapara, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Bhatapara Gramin, District Balodabazar-Bhatapara, Chhattisgarh. ... Respondent For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2026 1. This first anticipatory bail application 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. 54/2026 registered at Police Station – Bhatapara Gramin, District Balodabazar- Bhatapara (C.G.) for the offences punishable under Section 331(4) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.16 12:04:24 +0530 2 2. The prosecution story in brief is that on 28.01.2026 at approximately 10:00 PM, while the complainant, Mahendra Bhatt, and his family were asleep, the applicant allegedly entered the house via the roof and stairs. Further the complainant claims he saw a boy inside the house and caught him, but the boy pushed him away and jumped from the roof to escape. The prosecution alleges that the applicant, identified as Rakesh Kurre, entered the premises with the intent to commit a crime theft An FIR Crime No. 54/2020) was registered under Section 331(4) of the BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the true facts are that the applicant and the complainant’s sister, both 23-year-old consenting adults, were in a romantic relationship and had solemnized a love marriage shortly before the FIR was lodged. Upon learning of the marriage, the complainant’s family refused to accept the same, threatened the applicant, and vowed to falsely implicate him in order to separate him from their daughter. The alleged incident is stated to have occurred on 28.01.2026 at 10:00 PM, whereas the FIR was lodged on 29.01.2026 at 4:43 PM, despite the village being only 4 km (approximately 15 minutes) away from the police station, which clearly indicates an unexplained delay and suggests that the report is pre-planned and fabricated. The applicant never forcibly entered the premises, and the allegations of house-breaking have been falsely introduced to pressurize him. The alleged offence is neither punishable with life imprisonment nor death and is triable by the Judicial Magistrate First Class. The applicant is a young man belonging to a respectable family, and his arrest would cause irreparable harm to his social and 3 economic reputation. The applicant is ready and willing to abide by all conditions that may be imposed by this Hon’ble Court and, being a permanent resident as stated in the cause title, there is no likelihood of him absconding or misusing the liberty if granted bail. 4. On the other hand, the learned State counsel opposed the anticipatory bail application of the applicant and submitted that the applicant has two previous criminal antecedents, therefore, he is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the dispute, and the material available on record, and without commenting on the merits of the case, this Court finds it appropriate 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 – Rakesh Kurre, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each 4 and every date given to him by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of his 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav