MCRCA/1583/2026 of SIRAJ TOPPO Vs STATE OF CHHATTISGARH on 27 September 2026

1. Applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail as he is apprehending his arrest in connection with Crime No. 48 of 2026 registered at Police Station- Lodam, District – Jashpur (CG) for the offence punishable under Sections 376 (2) (N), 294, 506 of the Indian Penal Code, 1860.

2. Case of the prosecution, in brief, is that the victim lodged written report in the concerned police station alleging that the applicant on the pretext of marriage committed sexual intercourse with her from

14.05.2018 till 16.05.2022 and thereafter, refused to marry. Based on the report, aforementioned crime was registered in which, the applicant is apprehending his arrest.

3. Learned counsel for applicant would submit that applicant is innocent, he has been falsely implicated in crime. He has not committed any offence as alleged. He contended that it appears that the age of the complainant is 26 years and on the date of alleged first incident also, she was a major girl. He contended that from the contents of the F.I.R. which is filed along with the bail application (Annexure A/2), it is apparent that the complainant was a consenting party and has established physical relationship with her free will. The period of physical relation between the two is from 14.05.2018 to 16.05.2022 and the FIR is lodged only on 01.08.2026 which is with a delay of more than 04 years. There is no criminal antecedent against the application, hence, he may be granted anticipatory bail.

4. On the other hand, learned counsel for State opposes the submission of learned counsel for the applicant. However, she do not dispute the submission of the counsel for the applicant with regard to the age of the complainant. She also submits that there is no other criminal antecedent against the applicant mentioned in the case-diary.

5. I have heard learned counsel for the parties and perused the documents placed on record.

6. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of learned counsel for the respective parties, there is no other criminal antecedent, age of the victim, without commenting anything on merits of the case, I am inclined to grant anticipatory bail to the applicant.

7. Accordingly, the application is allowed and it is directed that in the event of arrest of applicant in connection with the crime in question, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the concerned arresting officer. Applicant shall also abide by the following conditions :-

(i) that the applicant shall make himself available for interrogation before the Investigating Officer as and when required;

(ii) 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 facts to the Court or to any police officer; Certified copy as per rules. Sd/----/-/-/-/---/-/- Sd/- Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY