Citation : 2026 Latest Caselaw 159 Chatt
Judgement Date : 27 February, 2026
1
2026:CGHC:10295
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
Digitally
signed by
GOURI MCRCA No. 330 of 2026
GOURI MUDALIAR
MUDALIAR Date:
2026.02.27
19:30:16
Sahil Chandravanshi S/o Late Vinod Chandravanshi Aged About 24 Years
+0530
R/o Village - Kosmanda, Out Post - Dashrangpur, Police Station - Pipariya,
District - Kabirdham, Chhattisgarh.
... Applicant
versus
State Of Chhattisgarh Through - Station House Officer, Police Station -
Mahila Thana Kawardha, District - Kabirdham, Chhattisgarh.
... Respondent
For Applicant : Shri Chandrikaditya Pandey, Advocate.
For : Shri Shailendra Sharma, PL.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
27/02/2026
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.01/2026
registered at Police Station - Mahila Thana, Kawardha, District -
Kabirdham (C.G.) for the offence punishable under Section 69 of
Bharatiya Nyaya Sanhita.
2. Case of the prosecution, in brief, is that the prosecutrix/victim submitted
a written complaint at the Police Station Mahila Thana Kawardha
stating that there was prior acquaintance between the victim and the
accused. It is alleged that as their friendship grew, the accused/present
applicant expressed his desire to marry her and on 15.05.2025, for the
first time, he took her to his friend's rented house and forcibly
established physical relations with her. It is further alleged that
thereafter, by coaxing and misleading her, the present applicant
continued to commit rape repeatedly. It is further alleged that on
28.08.2025, the present applicant got an affidavit of marriage
(yaaddashtnama) executed and kept her in a rented house. In the
meantime, the victim became pregnant, whereupon the accused forced
her to undergo abortion twice and got the pregnancies terminated. It is
further alleged that when the victim suspected on the applicant,
demanded the original copy of the marriage certificate, which was
refused to provide and also refused to marry her and it is further
alleged that on 14.11.2025, the present applicant went to anywhere
without informing the complainant/prosecutrix and leaving her alone in
the rental house. It is further alleged that the on 23.11.2025, the
victim/prosecutrix reached at the house of the present applicant
situated at Village - Kosmanda but the family members of the applicant
told her to go back then she called the police vehicle Dial 112. It is
alleged that the present applicant has refused to marry, left her alone
and thus committed offence of rape on the false pretext of marriage.
On the basis of aforesaid written complaint, Police Station Mahila
Thana Kawardha, District Kabirdham (C.G.) registered first information
report bearing Crime No. 01/2026 against the present applicant for the
offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023
and investigation was initiated. Charge-sheet has not been filed and
matter is being investigated by the police of Police Station Mahila
Thana Kawardha, District - Kabirdham (C.G.).
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated. He would submit that the applicant
and the prosecutrix were in a consensual relationship for about two
years and solemnized their marriage on 28.08.2025 in the presence of
a deity, executing a notarized marriage affidavit. They thereafter lived
together as husband and wife in a rented house at Kawardha, with the
applicant bearing household expenses. He submits that the prosecutrix
became pregnant but, despite his objection, terminated the pregnancy
on her own by consuming contraceptive pills obtained from an
acquaintance, which led to disputes between them. In November 2025,
the applicant went to Raipur due to his mother's illness and his
grandmother's death. During this period, the prosecutrix allegedly
visited his village, quarreled with his family, and later threatened to
lodge a false case, though the FIR was filed only on 27.01.2026 after
considerable delay. He would submit that the applicant has no criminal
antecedents and undertakes to cooperate with the investigation,
therefore, he submits that the present applicant is entitled to be
released on 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. I have heard learned counsel for the parties and perused the materials
available on record.
6. Considering the facts & circumstances of the case, submission of
learned counsel for the parties, perused the statement of the
prosecutrix aged 21 years under Section 183 BNSS, considering the
fact that the applicant and the prosecutrix came in contact through
Instagram in the year 2024, they were having love affair and they
developed consensual relationship and also considering the fact that
investigation and trial are likely to take some time, without commenting
anything on the merits of the case, I am inclined to grant anticipatory
bail to the present applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the
event of arrest of the applicant - Sahil Chandravanshi, on executing a
personal bond and one surety in the like sum to the 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
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