1 2025:CGHC:10565 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 298 of 2025 • Ajajul Khan S/o Mustkeem Khan Aged About 23 Years R/o House No. 3/1 Jashpur Road, Bodokachar Portonga, Tahsil And District - Jashpur (C.G.). ...Applicant. versus • State Of Chhattisgarh Through Station In-Charge, P.S. - Lodam, District - Jashpur (C.G.). ...State/Non-Applicant. For Applicant : Shri Bhupendra Singh, Advocate. For State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 04/03/2025 1. This First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in AVINASH SHARMA Digitally signed by AVINASH SHARMA Date: 2025.03.04 20:18:35 +0530 2 connection with Crime No.49/2024 registered at Police Station P.S.-Lodam, District-Jashpur C.G. for the offence punishable under Sections 64(2)(m) & 89 of Bhartiya Nyay Sahinta. 2. Prosecution case in brief is that applicant called the prosecutrix in the Forest and committed rape with her on the pretext of marriage and when she got pregnant, applicant subjected prosecutrix to forceful abortion. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the alleged commission of offence. Learned counsel further submits that the applicant is a young boy, aged about 23 years and the prosecutrix is a married woman and is a consenting party. Learned counsel further submits that prosecutrix’s family is forcing the applicant to marry the prosecutrix. Present applicant has no criminal antecedents. Hence, learned counsel prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer 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, submissions of learned counsel for the parties, material available in case diary, statement recorded under Section 161 of the Cr.P.C., it appears that there was consensual relationship between applicant and 3 prosecutrix, without further commenting anything on merits, this Court finds it appropriate 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 - Ajajul Khan, 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) 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. (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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Avinash