Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 892 (CHH)

BHAVDEESH SHARMA v. THE STATE OF CHHATTISGARH

MCRCA/1943/2025 · 2026-01-07

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2026:CGHC:1266 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1943 of 2025 Bhavdeesh Sharma, Aged About 39 Years, S/o Shiv Valabh Sharma R/o Near Water Tank, Amlidih, District : Raipur, Chhattisgarh ... Applicant versus The State Of Chhattisgarh Through The Station House Officer, Police Station Janjgir, District : Janjgir-Champa, Chhattisgarh ... Respondent For Applicant : Shri Sachin Nidhi, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/01/2026 1. Learned State counsel submitted that the victim has been duly noticed about the present anticipatory bail application on 6/01/2026. 2. When the matter has been taken up, neither the victim nor any counsel on her behalf is present nor appeared through virtual mode through DLSA. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.09 15:47:28 +0530 2 3. 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.889/2025 registered at Police Station – Janjgir, District Janjgir-Champa (C.G.) for the offences punishable under Section 69 of BNS & Sections 4, 6 of POCSO Act, 2012. 4. Case of the prosecution, in brief, is that the Prosecutrix lodged police complaint on 28.09.2025 that the applicant had established physical relation with the complainant on pretext of marriage from September 2023 to 15.08.2025. On the above written report of the Prosecutrix, Janjgir police station has registered a crime against the applicant under section 69 of BNS & section 4, 6 of POCSO Act, 2012 in crime number 889/2025. 5. Learned counsel for the applicant submitted that as per the 183 BNSS statement of the victim, the victim appears to be a major girl and she is a student of class-12th. It is stated that on the pretext of marriage, the applicant established relationship with the victim and it is submitted that she appears to be a consenting party, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 6. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 7. I have heard learned counsel for the parties and perused the case diary. 3 8. Considering the facts & circumstances of the case, submission of learned counsel for the parties, perused the 183 BNSS statement of the victim, she appears to be a major girl and they developed consensual relationship, when the relationship could not materialize, present FIR has been lodged, therefore, I am inclined to grant anticipatory bail to the present applicant. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bhavdeesh Sharma, on executing a 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 4 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