Chhattisgarh High Court
MCRCA/1371/2026 of GAURAV SETHIYA Vs STATE OF CHHATTISGARH on 9 September 2026
2026:CGHC:39751 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1371 of 2026 Gaurav Sethiya S/o Late Hemnath Sethiya Aged About 21 Years R/o Parpa Para, Tokapal, Tahsil Tokapal, Jagdalpur, District Bastar (C.G.) ... Applicant Versus State Of Chhattisgarh Through Police Station
CGHC010317872026
2026:CGHC:39751
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 1371 of 2026
Gaurav Sethiya S/o Late Hemnath Sethiya Aged About 21 Years R/o Parpa Para, Tokapal, Tahsil Tokapal, Jagdalpur, District Bastar (C.G.)
... Applicant
Versus
State Of Chhattisgarh Through Police Station Frejarpur, District Bastar (C.G.)
... Respondent
For Applicant
:
Mr. Pravin Kumar Tulsiyan, Advocate
For Respondent-State :
Mr. Sangharsh Pandey, Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD
10/09/2026
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1. This is the second bail application. The First Anticipatory Bail application was dismissed as withdrawn vide order dated 27.07.2026 in M.Cr.C.A. 1120/2026.
2. This anticipatory bail application is filed by the applicant under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, as the applicant is apprehending his arrest in connection with Crime No. 133/2026 registered at Police Station – Frejarpur, District – Bastar, Chhattisgarh for the offences punishable under Section 64 (2) (m), 64 (1) of the BNS, 2023 and under Sections 4 & 6 of the POCSO Act, 2012 and under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
3. Case of the prosecution is that on 16.06.2026, the vicitm lodged report in the concerned police station alleging that in the month of May, 2024 when she was minor, applicant alluring her committed sexual intercourse with her and thereafter, he continuously established physical relations till June, 2025 due to which, she became pregnant and gave birth to a child on 01.03.2026. Based on the report, aforementioned crime was registered against which, the applicant was apprehending his arrest.
4. Learned counsel for the applicant submits that absolutely false allegations have been leveled against him. Applicant after coming to know about the ill-intention of the complainant has made a complaint to the Superintendent of Police, District – Jagdalpur on 15.06.2026. She contended that thereafter on 24.06.2026, applicant has also submitted an application stating that as the applicant is not named as father of the child, therefoer, in the documents of the hospital, name of the applicant has not been disclosed as father. Applicant has also requested for conducting DNA Test and therefore, there is prima facie case in favour of the applicant. Hence, he may be extended the benefit of anticipatory bail.
5. On the other hand, learned counsel for the Respondent/State would oppose the submission and would submit that there is clear allegations made by the victim in the First Information Report as also, the statement recorded by the Magistrate under Section 183 of the B.N.S.S. 2023 making specific allegation against the applicant of committing repeated sexual intercourse since the date when she was minor.
6. Pursuant to the notice issued by this Court, victim and her father appeared before this Court through virtual mode from DLSA – Bastar and they have raised strong objection in grant of bail to the applicant. ]
7. I have heard learned counsel for the respective parties and perused the documents placed on record.
8. Taking into consideration the facts and circumstances of the case, nature of allegations, submission of counsel for the respective parties as also, the allegations made by the victim in the First Information report as also, the statement recorded under Section 183 of the BNSS, 2023, I do not find present to be a fit case to allow the application for grant of anticipatory bail.
9. Accordingly, the application for grant of anticipatory bail is dismissed. Certified copy as per rules.
Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY