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2026 DAILYLAW 9144 (CHH)

NANDLAL KENWAT v. STATE OF CHHATTISGARH

MCRCA/557/2026 · 2026-04-22

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Judgment text

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1 2026:CGHC:18777 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 557 of 2026 1 - Nandlal Kenwat S/o Nikhad Raj Kenwat Aged About 31 Years R/o Village Kirari, Police Station Malkharoda, District Sakti, Chhattisgarh. ... Applicant(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Malkharoda, District Sakti, Chhattisgarh. ... Respondent(s) For Applicant : Mr. Vivek Singhal, Advocate For State : Ms. Monika Singh Thakur, Panel Lawyer For Complainant(s) : Mr. Pradeep Kumar Jogi, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 23.04.2026 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.111/2026 registered at Police Station – Malkharoda, District Sakti, C.G. for the offence punishable under Sections 376 (A) & 457 of IPC and Sections 4 & 6 of POCSO, Act. 2. That, as per the brief facts of the prosecution case, in the year 2013, when the victim was studying in Class IX and the applicant was studying in Class XII in the same school, both were acquainted with each other. Thereafter, on 01.01.2014 at about ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2026.04.24 19:05:57 +0530 2 5:00 PM, the applicant visited the victim’s house, where the victim was alone at that time. Further, the applicant is alleged to have forcibly established sexual intercourse with the victim on the pretext of marriage. Thereafter, he repeatedly visited the victim’s house on several occasions and continued to establish physical relations with her. It is further alleged that on 24.02.2026, the applicant called the victim to his house and again established physical relations with her. However, when the victim insisted upon marriage, the applicant refused to marry her. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, and that he has not acted in the manner alleged by the prosecution. It is further submitted that the prosecutrix and the applicant have since solemnized their marriage, and in support thereof, a marriage certificate dated 08.04.2026 has been filed along with the covering memo. On these grounds, it is prayed that the applicant be enlarged on bail. 4. On the other hand, learned counsel appearing for objector has no objection and submits that they solemnized their marriage and living together. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, particularly the submission that the applicant and the prosecutrix have solemnized their marriage and are presently living together, and 3 also taking into account that the objector has no objection to the grant of anticipatory bail, without commenting on the merits of the case, this Court is of the considered opinion that the applicant has made out a case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Nandlal Kenwat on executing personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 their 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. S Sd/- d/- (Ramesh Sinha) Chief Justice Saxena