Anticipatory bail granted considering victim's statement and circumstances of alleged compromise.

The applicant, Saroj Yadav, filed a first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, apprehending arrest in connection with Crime No. 45/2026 registered at Police Station – Kamleshwarpur, District Surguja (C.G), for an offence punishable under Section 64 of B.N.S.

An FIR was lodged on January 5, 2026, alleging that on December 12, 2025, while the prosecutrix was alone at home grazing cattle, the applicant, her neighbor, forcefully committed sexual intercourse.

The incident was reportedly witnessed by the prosecutrix's mother-in-law, causing the applicant to flee.

The incident was reported to her husband upon his return, and the FIR was subsequently lodged.

The victim is stated to be a married woman, and her statement under Section 183 BNSS suggests she was seen in a compromising position by her mother-in-law, which led to the FIR being lodged after 24 days.

1. Whether the applicant, Saroj Yadav, is entitled to anticipatory bail under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, given the allegations of sexual assault and the circumstances surrounding the FIR?

The Court applied Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023, which provides for anticipatory bail.

The decision was guided by considerations of the facts and circumstances of the case, submissions of counsel, available materials, and specifically the statement of the victim under Section 183 BNSS.

The Court considered the facts and circumstances, including the submissions from both parties and the materials on record.

Crucially, the Court perused the victim's statement under Section 183 BNSS, noting that she was a married woman and, according to her statement, was seen in a compromising position by her mother-in-law, which subsequently led to the FIR.

This particular detail, regarding the mother-in-law witnessing a "compromising position" rather than a forceful act, appears to have weighed significantly in the Court's inclination to grant anticipatory bail.

The Court further noted that the FIR was lodged 24 days after the alleged incident.

It was directed that in the event of arrest, the applicant, Saroj Yadav, shall be released on bail upon executing a personal bond and one surety in the like sum to the satisfaction of the arresting officer, subject to several conditions.

These conditions include not inducing or threatening witnesses, not prejudicing a fair trial, appearing before the trial court on all given dates, submitting an Aadhaar card and photo for verification, and not involving himself in similar offenses in the future.