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2026 DAILYLAW 7772 (CHH)

AYUB JULAHA v. STATE OF CHHATTISGARH

MCRCA/570/2026 · 2026-04-19

body2026

Judgment text

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1 2026:CGHC:17906 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 570 of 2026 Ayub Julaha S/o. Late Subhan Julaha Aged About 59 Years R/o Ward No. 02, Village- Meghuli, Tahsil- Ramanujganj, District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House Officer, Police Station- Chalgali, District- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicant : Shri Malay Shrivastava, Advocate. For Respondent/State : Shri Subham Bajpai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20/04/2026 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.8/2026 registered at Police Station – Chalgali, District-Balrampur-Ramanujganj GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.21 19:09:55 +0530 2 (C.G.) for the offences punishable under Sections 137(2), 74, 75(2) and 3(5) of Bharatiya Nyaya Sanhita (BNS), 2023. 2. Case of the prosecution, in brief, is that as alleged by the complainant is that the complainant was consistently being harassed by a man named Ayub present applicant over the phone, who used obscene language with the complainant and was pressuring the complainant for a physical relationship. On the date of the incident on February 11, 2026, while the complainant was traveling by bus to Ramanujganj, applicant tracked her location and forced her to get off the bus at Manikpur out of fear. Upon her arrival at Manikpur, applicant appeared with the co-accused, Adam Ali and Mansoor Ansari. Applicant forcibly took the complainant into a forest on a motorcycle with the intent to commit "wrongful acts". Once inside the forest, applicant began to physically assault and harass her. The co-accused, then joined the main accused and allegedly used criminal force against the complainant in an attempt to commit further sexual harassment. The complainant managed to escape by screaming and running towards the road, where passersby assisted her in boarding a bus back to her village. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He would submit that the applicant and the prosecutrix are relatives and having relationship and when the relationship could not materialize, the prosecutrix demanded money from the applicant and when the applicant refused to pay the money to the prosecutrix, the alarm was raised by the prosecutrix that the applicant has tried to outrage the modesty of the prosecutrix and 2- 3 3 persons came along with the prosecutrix and beaten the applicant with hand, feast and bamboo stick. He would submit that co-accused persons namely Adam Ali & Mansur Ansari have been granted anticipatory bail by this Court in M.Cr.C. (A) No.496 of 2026 on 06/04/2026. He would further submit that the applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding, the applicant undertakes to abide by any conditions imposed by this Court, therefore, he submits that the present applicant is entitled for grant of anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail but do not dispute the fact that co-accused persons have been granted anticipatory bail by this court. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, considering the fact that victim is a major woman and was having consensual relationship with the applicant, when the relationship could material, present FIR has been lodged against present applicant and co-accused persons, also considering the fact that co-accused persons namely Adam Ali & Mansur Ansari have been granted anticipatory bail by this Court in M.Cr.C. (A) No.496 of 2026 on 06/04/2026, therefore I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ayub Julaha, on executing a 4 personal bond and 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri