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2026 DAILYLAW 9815 (CHH)

UMESH KUMAR SAHU v. STATE OF CHHATTISGARH

MCRCA/554/2026 · 2026-04-22

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1 2026:CGHC:18763 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 554 of 2026 Umesh Kumar Sahu S/o Roopnarayan Sahu Aged About 26 Years R/o Village Danout, Police Station And Tahsil Chakradharnagar District Raigarh Chhattisgarh ... Applicant versus State Of Chhattisgarh Through SHO Police Station Malkharouda, District Sakti Chhattisgarh ... Respondent For Applicant : Shri Shubham Tripathi, Advocate. For Respondent/State : Ms. Monika Thakur, PL. 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.120/2026 registered at Police Station – Malkharouda, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.24 17:00:59 +0530 2 District Sakti (C.G.) for the offence punishable under Sections 376(2)(n), 457, 506 of IPC. 2. Case of the prosecution, in brief, is that the victim works in a private job in Raigarh district and had known her relative, Umesh Sahu, a resident of Danaud, Raigarh district, seven years ago. On June 19, 2022, at 10:00 a.m., she was alone in her home. Her parents had gone out for work. At that time, Umesh Sahu came to the victim’s home in village Sakrara and, under the pretext of marrying her, forcibly had sexual intercourse with her in a room inside the house. After some time, her parents returned home. Umesh Sahu, promising to marry her, took her to his home in village Danaud and promising to marry her, had sexual intercourse with her. He continued to have sexual intercourse with her ever since. When the victim was staying in a rented room at Kevada Badi Bus Stand, Raigarh two years ago, Umesh Sahu used to come there and say that I love you, I will marry you and kept having physical relations with her. When she asked Umesh Sahu to marry her, he refused to marry her and threatened to kill her. Thus, the accused is accused of forcibly having physical relations with the victim from 19/06/2022 to 30/03/2026 by deceiving her with the promise of marriage and the police of police station Malkharouda Sakti registered the crime as crime no. 120/2026 under section 376(2)(n), 457, 506 of IPC against the applicant. Hence this bail application. 3 3. It has been argued by learned counsel for the applicant that the victim is major girl aged about 24 years and she was known to the applicant for last seven years and they were in relationship and further physical relationship was also established, when the relationship could not materialize, present FIR has been lodged. It is further submitted 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 the benefit 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. 5. 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 who is a major girl aged about 24 years under Section 183 BNSS and as per her statement, she was known to the applicant for last seven years and they were in relationship and established consensual relationship and when the relationship could not materialize, present FIR has been lodged, considering the fact, I am inclined to grant anticipatory bail to the present applicant. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Umesh Kumar Sahu, on executing a personal bond and one surety in the like sum to the 4 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