1 2025:CGHC:1559 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 24 of 2025 Chandradev Sahu S/o Kumar Sahu Aged About 25 Years R/o Village Siriyadih, Police Station Lawan, District - Balodabazar-Bhatapara (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House OfÏcer, Police of Police Station Police Lawan, District - Balodabazar-Bhatapara (C.G.) ... Non-Applicant For Applicant : Ms. Ritika Verma, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 09.01.2025 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. 527/2024 registered at Police Station – Lawan, District - Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 376(2)(n) of Indian Penal Code. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.10 16:19:35 +0530 2 2 Prosecution case in brief, is that the victim made complaint to the Police Station Lawan stating therein that the present applicant on the pretext of marriage has made physical relationship with her continuously. On the basis of said report, the Police has registered the crime for the offence under Section 376(2)(n) of Indian Penal Code. 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is submitted that the victim known the applicant from many years and was having love relationship with the applicant, thereafter the victim got married with another person and divorce took place and now the victim is residing in her parental house and pressurizing the applicant for marriage and when the applicant denied for marriage, the victim entered to the house of the applicant forcibly and in this regard the mother of the applicant made complaint to the concerned Police Station on 10.12.2024 and in this regard the copy of the same has been annexed in this bail applica- tion. Hence, this anticipatory bail application is liable to be allowed. 4 On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further submitted that the applicant has committed sexual intercourse with the victim on the pretext of marriage. Hence, this anticipatory bail application is liable to be rejected. 3 5 I have heard learned counsel for the parties and perused the case diary. 6 Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from perusal of the statement of the victim recorded under Section 164 of Cr.P.C, it transpires that the victim is a major lady and she known the applicant from many years and was having love relationship with the applicant, thereafter the victim got married with another person and divorce took place and now the victim is residing in her parental house and pressurizing the applicant for marriage and when the applicant denied for marriage, she filed the FIR against the applicant and further, she is the consenting party, hence, at this stage without expressing any opinion on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the present applicant. 7 Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Chandradev Sahu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 his from disclosing such fact to the Court. (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he shall appear before the trial Court on each 4 and every date given to her 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 post- card full size photo having printed the adhaar num- ber on it, which shall be verified by the trial Court. (e) he shall not involve herself in any offence of similar nature in future. Sd/- Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti