1 2025:CGHC:10282 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 285 of 2025 Pramod Kumar Navratna S/o Shri Santosh Kumar Navratna Aged About 33 Years R/o- H. No. 39/6, Saroj Vihar, P.S. - Sarkanda, Dist. Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through P.S. - Sarkanda, Dist. Bilashpur (C.G.) ... Non-Applicant For Applicant : Mr. Kshitij Sharma, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Dy. Adv. General. For Objector : Victim appeared in person. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 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. 213/2025 registered at Police Station – Sarkanda, District – Bilaspur (C.G.) for the offence punishable under Section 376 (2)(n) of the Indian Penal Code (for short IPC). 2. According to the prosecution's story, the applicant is alleged to have repeatedly engaged in sexual intercourse with the victim, a married ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.04 10:44:16 +0530 2 woman, under the pretext of marriage. This alleged misconduct occurred over a period of approximately two and a half years, starting from 18.09.2022. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim, a 33-year-old married lady, previously employed as a Junior Associate in the applicant's law chamber, has falsely implicated the applicant with the intention of defamation and harassment. He further submits that the applicant maintains innocence, emphasizing that the victim’s marital status renders any promise of marriage null and void. As her divorce proceedings, initiated by her husband, were recently rejected by the Family Court, Raigarh (C.G.), on 27.11.2024, she was well aware of her legal marital status. He also submits that it is evident from the Family Court's judgment in Civil Suit No. F-232 A/2018 that the victim actively objected to the grant of divorce. This demonstrates her awareness of her marital status and lack of intention to separate from her husband. Additionally, she has a 10-11 year old son. He submits that as a law graduate and practicing advocate, the victim cannot be considered naive regarding the legal implications of her actions. It is a settled legal position that misconception of legally impermissible matters cannot occur. Even assuming a physical relationship existed between the applicant and victim, it cannot be attributed to a false promise of marriage. The FIR's contents suggest a consensual relationship between the two parties. He also 3 submits that the applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as objector in person opposed the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the victim and thereafter denied, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim, a married lady having a 10-11 year old son was in a consensual relationship with the applicant, and she was a consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pramod Kumar Navratna, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) 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. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek