Chattisgarh High Court
Rakesh Kumar Sahu vs State Of Chhattisgarh on 13 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2026:CGHC:12156
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 385 of 2026
Rakesh Kumar Sahu S/o Jagdish Prasad Sahu Aged About 29 Years R/o
Permanent Resident Of Village Gidha, P.S.- Semra, Tehsil- Janjgir
District- Janjgir-Champa (C.G.), Present Address- R/o Pathripara Ward
No.-17, Korba P.S.- Rampur, Tehsil And District Korba C.G. Aadhaar No.-
779259663790
... Applicant
versus
State of Chhattisgarh Through- Police Station- Baradwar, District- Sakti
(C.G.)
... Non-applicant
For Applicant : Mr. Sumit Jhawar, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer
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 Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 24/2026 registered at Police Station - Baradwar, District- Sakti (C.G.) for the offence punishable under Sections 75, 296, 351(2) and 332(C) of the Bharatiya Nyaya Sanhtia, 2023.
RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2
2. As per prosecution story in brief is that on 11.01.2026 at about 11:00 AM, the present accused/applicant allegedly entered the house of the victim and expressed that he loved her and wanted to marry her. It is further alleged that the accused forcibly pulled the victim towards himself and attempted to outrage her modesty. The accused is also alleged to have threatened the victim with dire consequences, including threatening to kill her. On the basis of the said allegations, an offence has been registered against the present applicant. Hence, this anticipatory bail application.
3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the case is based on false and fabricated allegations, as the applicant and the complainant have known each other for the last three to four years and had first come in contact through Facebook, after which they used to communicate regularly over mobile phone. It is further submitted that the complainant herself had invited the applicant to her house and had provided him with the address of her grandparents' house at Baradwar over the phone. However, when the family members of the complainant came to know about their love affair, the present false FIR was lodged under pressure from the family. It is also submitted that there is an unexplained delay of about nine days in lodging the FIR, which clearly indicates that the complaint has been filed as an afterthought and with a malafide intention. He further submits that the present applicant and the victim were in a consensual relationship for last three to four years. He further submits that the present applicant 3 has no criminal antecedents. Therefore he prays for grant of anticipatory bail to the applicant.
4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant has committed a serious offence. It is argued that the applicant unlawfully entered the house of the victim, attempted to outrage her modesty by forcibly pulling her towards himself, and also threatened her with dire consequences. Therefore he is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts & circumstances of the case and further the fact that victim, who is a major girl, and the present applicant have known each other for the last three to four years and had first come in contact through Facebook, after which they used to communicate regularly over mobile phone. Further the fact that when the family members of the victim came to know about their love affair, the present false FIR was lodged under pressure from the family. Further they were in a consensual relationship and she was a consenting party. Therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Rakesh 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 her 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 Rahul Dewangan