1 / 3 2025:CGHC:9179 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 259 of 202 5 • Digeshwar Prasad Sahu S/o Shri Kanhaiya Lal Sahu Aged About 31 Years R/o 240, Ward No. 12, Gandhi Chowk Village Budera P/s Kharora, District Raipur, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through P.S. D D Nagar Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Mr. Ajay Kumar Mishra, Advocate For Respondent-State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 21/02/2025 1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 61/2025 registered at Police Station –D.D. Nagar, Raipur District Raipur (C.G.) for offence punishable under Section 69 of the Bhartiya Nyay Sanhita, 2023. 2. Case of prosecution in brief is that on 07.02.2025 victim/ prosecutrix lodged a report in the police station D.D. Nagar that she is working as staff nurse in the Hamar Clinic Bhathagaon, she met with accused Digeshwar Sahu through FaceBook social media platform in the year 2022 and after some time established friendly relationship. In order to help her in study, he used to teach me Math subject for competitive exam preparation for which she used to visit his PG house situated at Krishna Kunj Bazar Chowk, Dagania. On PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 18.12.2022, accused on the pretext of marriage committed sexual intercourse with her and thereafter on many occasion they established physical intercourse, lastly on 09.01.2025 and when victim asked to marry her, he denied. On the basis of report, aforementioned offence was registered against applicant. 3. Learned counsel for applicant submits that applicant is innocent, he has not committed any such offence as alleged. The allegation levelled in the complaint is false and fabricated. Applicant and victim are known to each other since long and having consensual physical relationship. The report was lodged by victim after the marriage of applicant is fixed. The marriage of applicant is scheduled to be held on 05.03.2025. Applicant is a permanent resident of village Budera, Raipur, there is no chance of his absconding, hence, applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that serious allegations have been levelled by the victim against applicant and looking to the nature of offence, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary and the submission made by learned counsel for applicant it transpires that the relationship between the applicant and the victim was since long time and during that time victim had not raised any objection nor lodged any report against applicant of any forceful sexual intercourse, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant –Digeshwar Prasad Sahu 3 / 3 on executing a 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 along with 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn Chief Justice