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2026 DAILYLAW 8194 (CHH)

RAMNARESH YADAV v. STATE OF CHHATTISGARH

MCRCA/501/2026 · 2026-04-09

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Judgment text

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1 2026:CGHC:16623 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 501 of 2026 Ramnaresh Yadav S/o Lachchhan Prasad Yadav Aged About 22 Years R/o Village Devpahari, P.S. Lemru, Tahsil- Ajgarbahar, District- Korba (Cg) ... Applicant versus State Of Chhattisgarh Through Police Station Syang District- Korba (Cg) ... Respondent(s) For Applicant : Mr. Aakash Ahuja, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/04/2026 1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has 2 been arrested in connection with Crime No. 12/2026, registered at Police Station- Police Station Shyang, District- Korba (CG) for the offence punishable under Sections 331(1), 305(A), 74, 109(1) of BNS, 2023. 2. The prosecution case, in brief, is that on the basis of a written complaint lodged by the prosecutrix at Police Station Shyang, District Korba, Crime No. 12/2026 was registered against the accused Ram Naresh Yadav for offences punishable under Sections 331(1), 305(A), 74 and 109(1) of the Bharatiya Nyaya Sanhita. It is alleged that on 09.02.2026, the accused unlawfully entered the house of the prosecutrix and committed theft of cash. It is further alleged that the accused outraged the modesty of the prosecutrix and, with an intention to cause her death, forcibly administered pesticide to her and thereafter fled from the spot. The prosecutrix has specifically named the accused in her complaint. During investigation, statements of witnesses have been recorded and other evidence has been collected. The case is presently under investigation. The allegations against the accused are of serious nature involving house trespass, theft, assault on modesty, and attempt to administer poison with intent to kill. 3. It is submitted on behalf of the applicant that he is innocent and has been falsely implicated in the present case. It is further submitted that there existed a love relationship between the applicant and the prosecutrix for about two years, and both 3 families were aware of and had initially consented to their marriage. Subsequently, the family of the prosecutrix allegedly refused the marriage proposal and sought to marry her elsewhere, leading to a dispute. It is contended that due to this dispute, a false and fabricated FIR has been lodged against the applicant. It is also submitted that the applicant is a permanent resident of Village Devpahari, Police Station Lemru, District Korba, and there is no likelihood of his absconding or tampering with evidence. The applicant undertakes to abide by all conditions imposed by the Court. Hence, grant of anticipatory bail has been prayed for. 4. On the other hand, learned counsel for the State opposed the application and submitted that the offence is of serious nature. It is argued that the applicant has been specifically named in the FIR and serious allegations have been made against him, including house trespass, theft, outraging modesty, and administering poisonous substance with intent to kill the prosecutrix. It is further submitted that the investigation is still pending, and therefore, the applicant is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. As per the prosecution case, the applicant allegedly entered the house of the prosecutrix on 09.02.2026, committed theft of cash, outraged her modesty, and forcibly administered pesticide to her 4 with intent to cause her death. The FIR has been lodged by the prosecutrix herself, specifically naming the applicant. At this stage, the allegations against the applicant are serious and grave in nature. The case diary prima facie discloses the involvement of the applicant in the alleged offence. Merely because the applicant claims that there was a prior love relationship between him and the prosecutrix, the same cannot, at this stage, negate the specific and direct allegations made in the FIR. It is a settled principle that anticipatory bail is to be granted in exceptional circumstances, particularly where the Court is satisfied that no prima facie case is made out or that the accusation appears to be malafide. However, in the present case, considering the nature and gravity of allegations, the specific naming of the applicant in the FIR, and the fact that the investigation is still at a nascent stage, this Court is not inclined to extend the benefit of anticipatory bail. 7. Accordingly, the bail application of applicant- Ramnaresh Yadav involved in Crime No. 12/2026 under aforesaid sections at Police Station- Police Station Syang, District- Korba, Chhattisgarh, is rejected. 8. However, this Court hopes and trusts that the Trial Court shall make earnest endeavour to conclude the trial expeditiously as soon as possible in accordance with law, if there is no legal impediment. 5 9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Madhurima