MCRCA/1574/2026 of MITHLESH KUMAR SAHU Vs STATE OF CHHATTISGARH on 24 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. 163 of 2026 registered at Police Station- Churiya, District – Rajnandgaon (CG) for the offence punishable under Sections 64

(2) (m), 69, 127 (2) of BNS, 2023 .

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 10.09.2023 till 17.05.2026 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 even if the allegations of the victim is taken into consideration of establishing physical relationship, it is evident that the victim is a major girl aged about 27 years and therefore, she is a consenting party. Therefore, no offence as alleged is made out. There is no other criminal antecedent registered against the applicant.

4. On the other hand, learned counsel for State opposes the submission of learned counsel for the applicant and would submit that in the FIR as also, in the statement of victim recorded under Section 183 of the BNSS, 2023, there is specific allegation against the applicant of committing sexual intercourse on false pretext of marriage made by the complainant/victim.

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 against the applicant, 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