GULESH PATEL vs STATE OF CHHATTISGARH

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CGHC010323022026
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRA No. 2081 of 2026
Gulesh Patel S/o Hemnath Patel Aged About 23 Years R/o Village -
Botepar, Thana Ghumka, Distt. Rajnandgaon Chhattisgarh
... Appellant(s)
versus
State Of Chhattisgarh Through Thana Ghumka, Distt. Rajnandgaon
Chhattisgarh

... Respondent(s)
For Appellant : Mr. Arvind Prasad, Advocate.
For Respondent/State : Mr. Dharmesh Shrivastava, Dy. Adv. Gen.
Hon'ble Mr. Rakesh Mohan Pandey, Judge
Order on Board
03/11/2026
1. The appellant has preferred this appeal under Section 14-A(2) of
the Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act, 1989, seeking grant of regular bail, as he has been
arrested in connection with Crime No. 66/2026, registered at
Police Station Ghumka, District Rajnandgaon (C.G.), for the
offences punishable under Sections 64(1), 64(2)(m) and 351(2) of
the Bharatiya Nyaya Sanhita, 2023, and Section 3(B)(ii) of the

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Scheduled Castes and the Scheduled Tribes (Prevention of
Atrocities) Act.
The prosecution story, in brief, is that the victim, who belongs to
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the Scheduled Caste community, used to attend a coaching
centre and during that period, came into contact with the
appellant, whose house was situated on her way. It is alleged that
on 13.02.2026, when the victim was alone at her house, the
appellant came there and expressed his love and intention to
marry her. Upon the victim declining his proposal, the appellant
allegedly caught hold of her hand and despite her resistance,
established physical relations with her against her will. He also
allegedly threatened to kill her parents if she disclosed the
incident to anyone. Subsequently, the victim got married to one
Shubham Kosre and went to her matrimonial home, where she
became pregnant. Thereafter, upon the appellant informing her
husband about the alleged incident, her husband conducted a
pregnancy test, which was found positive and she was allegedly
turned out of her matrimonial home. On the basis of the written
complaint lodged by the victim, the aforesaid offences were
registered against the appellant. After completion of investigation,
the charge-sheet has been filed before the competent Court.
3. Learned counsel for the appellant would submit that the appellant
is innocent and has been falsely implicated in the present case.
He would further submit that the victim was a major lady and there
was a love affair between the appellant and the victim, pursuant to

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which they had consensual physical relations for a considerable
period. Thereafter, the victim got married to another person,
namely, Shubham Kosre, and conceived from her husband. It is
submitted that the present case has been falsely lodged against
the appellant. Learned counsel would further submit that the
charge-sheet has already been filed before the competent Court,
the appellant is in jail since 15.06.2026, he has no criminal
antecedents and conclusion of the trial is likely to take some time.
On these grounds, learned counsel prays for grant of bail to the
appellant.
On the other hand, learned State counsel would oppose the
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prayer for grant of bail and submit that the appellant sexually
exploited the victim on the pretext of marriage and serious
allegations have been levelled against him. He would further
submit that the appellant was well aware of the fact that the victim
belongs to the Scheduled Caste community and despite knowing
the same, he sexually exploited her. Therefore, the appellant is
not entitled to be released on bail.
5. Pursuant to the order dated 27.10.2026, the victim along with her
mother appeared before this Court through video conferencing
and raised serious objection in grant of bail to the applicant.
I have heard learned counsel for the parties and perused the case
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diary.
Having considered the facts and circumstances of the case,
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nature and gravity of the offence alleged against the appellant, the

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submissions made on behalf of the parties, particularly the fact
that there was a love affair between the appellant and the victim
and as per the defence of the appellant, they had a consensual
relationship for a considerable period, the fact that the victim has
subsequently married with another person and false case has
been lodged against the appellant, the fact that the charge-sheet
has already been filed, the appellant is in jail since 15.06.2026
and has no criminal antecedents, thus without further commenting
upon the merits of the case, I am inclined to grant bail to the
appellant.
8. Accordingly, the bail application is allowed . It is directed that
in the event of the appellant executing a personal bond for a
sum of Rs.50,000/- with one surety in the like sum to the
satisfaction of the concerned trial Court, he shall be released
on bail on the following conditions:-
(i) he 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;
(ii) he shall not act in any manner which will be
prejudicial to fair and expeditious trial, &
(iii) he shall appear before the trial Court on each

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and every date given to him by the said Court till
disposal of the trial.
- S/- Sd/-
(Rakesh Mohan Pandey)
Judge
Kunal