Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:12123
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 269 of 2026 Saroj Yadav S/o Rambilas Yadav Aged About 25 Years Occupation Agriculture R/o Village Kamleshwarpur, Mudhakhar, P.S. And Tehsil Kamleshwarpur, Distt. Surguja, Chhattisgarh.
... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Kamleshwarpur, Distt. Surguja, Chhattisgarh.
... Respondent For Applicant : Shri Nishi Kant Sinha, Advocate. For Respondent/State : Shri Shubham Bajpai, PL.
Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 13/03/2026
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.45/2026 registered at Police Station – Kamleshwarpur, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.16 12:25:27 +0530
2 District Surguja (C.G) for the offence punishable under Section 64 of B.N.S.
2. Case of the prosecution, in brief, is that FIR has been lodged on 05.01.2026 alleging that on 12.12.2025 when the prosecutrix was alone at her home and was grazing cattle in the field the applicant who is her neighbour came there and forcefully committed sexual intercourse and when her mother-in-law came and saw them, then applicant fled away, thereafter the incident was reported to her husband when he came back home and report was lodged.
3.
Learned counsel for the applicant submitted that the victim is already a married woman and as per 183 BNSS statement she was seen in a compromising position by her mother-in-law, hence she lodged the present FIR and the FIR was lodged after 24 days. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident of address mentioned in the cause title and there is no chance of his absconding, therefore he prays to enlarge the applicant on anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the materials available on record.
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6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, materials available on record, also perused the statement of the victim under Section 183 BNSS who is a married lady and as per her statement, she was seen in a compromising position by her mother-in-law, hence she lodged the present FIR, considering the fact, 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 – Saroj Yadav, 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
4 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
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