##PAGE1##

1

2026:CGHC:20711

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 664 of 2026

Daya Nand Negi S/o- Aasman Negi, Aged About 25 Years R/o- Birsapal

Ratinaikaras, Tahsil Konta District- Sukma (C.G.)

... Applicant

versus

State Of Chhattisgarh Through - Police Station Sukma, District – Sukma

(C.G.)

... Non-applicant

For Applicant : Mr. Pravin Kumar Tulsyan, Advocate.

RAJSHEKHAR

SONI For Non-applicant/State : Mr. Sourabh Sahu, Panel Lawyer.

Digitally signed

by

RAJSHEKHAR Hon'ble Mr. Ramesh Sinha, Chief Justice

SONI

Order on Board

04.05.2026

1. This anticipatory bail application under Section 482 of the Bharatiya

Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who

is apprehending his arrest in connection with Crime No. 18/2026

registered at Police Station – Sukma, District – Sukma (C.G.) for the

offence punishable under Section 69 of the BNS.

2. The prosecution story, in brief, is that the victim has lodged the FIR

against the applicant and alleged that he has maintained physical

relationship with her since 29.12.2022 till 09.03.2026 on the false

promise of marriage. Accordingly, the crime was registered against the

applicant. Hence, this application.

3. It has been argued by the learned counsel for the applicant that the

2

applicant is innocent and has been falsely implicated in this case. It is

submitted that the victim happens to be a major girl and there was

some affair made between the applicant and the victim, and thereafter,

a consensual sexual relationship was established between both of

them, but the relationship could not be materialized, hence, she filed

the FIR and she is the consenting party. Therefore, he prays for grant

of anticipatory bail to the applicant.

4. On the other hand, learned State counsel opposed the bail application

and submits that from the perusal of the case diary, it transpires that

the applicant has established physical relationship with the victim many

times on the pretext of marriage. Therefore, the applicant is not entitled

for grant of anticipatory bail in this case.

5. I have heard learned counsel for the parties and perused the materials

available on record.

6. Considering the facts and circumstances of the case, nature and

gravity of allegation leveled against the applicant, and from the perusal

of the case-diary, it transpires that the victim happens to be a major girl

and there was some affair made between the applicant and the victim,

and thereafter, a consensual sexual relationship was established

between both of them, but the relationship could not be materialized,

hence, she filed the FIR and she is the consenting party, hence, this

Court is of the view that the applicant is entitled to be granted

anticipatory bail in this case.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the

event of arrest of the applicant – Daya Nand Negi, on executing a

3

personal bond with 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

their adhaar card alongwith a colored 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 themself in any offence

of similar nature in future.

Sd/-

(Ramesh Sinha)

CHIEF JUSTICE

Rajshekhar