[Cites 2, Cited by 0]
Chattisgarh High Court
Santosh Koshle vs State Of Chhattisgarh on 12 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
GOURI
MUDALIAR
Digitally signed by
GOURI MUDALIAR
2026:CGHC:11957
Date: 2026.03.12
18:11:11 +0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 372 of 2026
Santosh Koshle S/o Late Shri Premchand Kosle Aged About 44 Years R/o
Vill.- Kera, P.S. And Tah. Nawagarh, Distt.- Janjgir-Champa (C.G.) (Name Of
Applicant Wrongly Typed As Santosh Kosle)
... Applicant
versus
State Of Chhattisgarh Through- S.H.O., P.S. Nawagarh, Distt.- Janjgir-
Champa (C.G.)
... Respondent
For Applicant : Shri Ravindra Sharma, Advocate.
For : Ms. Ankita Shukla, PL.
Respondent/State
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
12/03/2026
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.56/2026
registered at Police Station - Nawagarh, Dist- Janjgir- Champa (C.G.)
for the offences punishable under Sections 351(3) & 64 of B.N.S.
2. Case of the prosecution, in brief, is that the complainant/victim lodged
the complaint at P.S. Nagrauta, Jammu Kashmir, which has been
transferred at P.S. Nawagarh for investigation, that in the complaint the
victim stated that, since last 4-5 years she is in love relationship with
one Ganesh Manjhi who is her neighbor, that on 25.12.2025 the victim
and Ganesh Manjhi left their Vill- Kera and went to Korba wherein, they
performed marriage thereafter, they went to Nagrauta, Jammu
Kashmir. She further made allegation that when she was residing at
Vill- Kera, Dist- Janjgir- Champa (C.G.) the applicant has developed
the forceful physical relationship with her since last one year, and she
has made sexual intercourse with her without her consent. She further
alleged that the mother, brother and other family members were aware
about the same but, they have also not taken any action against
applicant as he made assault with them and threaten to kill them. It is
also alleged that the wife of the applicant was also aware about the
same, that because, of the sexual assault she is not feeling safe at Vill-
Kera. On the complaint of the complainant P.S. Nawagarh registered
the Crime No. 56/2026 for the alleged offence punishable U/s 351(3) &
64 of B.N.S. against the applicant.
3. It has been argued by learned counsel for the applicant that the
applicant is the Sarpanch of the village and the victim who is a major
girl had an affair with one Ganesh Manjhi who belong to a different
caste and there was meeting was convened regarding the affair which
was going between the victim and Ganesh Manjhi and the applicant
slapped Ganesh Manjhi about this affair between the victim and
Ganesh Manjhi and both the victim and Ganesh Manjhi had migrated
to Jammu Kashmir where present FIR has been lodged by the victim
that the applicant had sexually exploited her for a year. It is stated that
the present FIR which was a zero FIR was transferred to district
Janjgir-Champa and FIR has been registered. It is stated that because
of the said animosity, the victim has lodged an FIR against the
applicant. He would submit that the applicant is ready to furnish
adequate surety and shall abide by all the directions and conditions
which may be imposed by this Court, applicant is a permanent resident
of address mentioned in the cause title and there is no chance of his
absconding, therefore he prays to enlarge the applicant 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. She
would submit that there are 14 criminal antecedents of the applicant,
out of which 9 cases are of preventive nature, in 3 cases the applicant
has been acquitted, one case is under the IPC of the year 2012 & one
case is pending, therefore he is not entitled 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, materials available on record, perused
the statement of the victim under Section 183 BNSS, considering the
nature of allegation levelled against the applicant and also considering
the fact that investigation and trial are likely to take some time,
therefore, 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 - Santosh Koshle, 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
