1 2025:CGHC:10278 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 290 of 2025 Ritik Yadav S/o Sunil Yadav Aged About 25 Years R/o Ramnagar, Ward No. 2, Kawardha, Police Station And Tahsil Kawardha, District Kabirdham Chhattisgarh. ... Applicant versus State of Chhattisgarh Through District Magistrate, Kawardha, District Kabirdham Chhattisgarh. ... Non-Applicant For Applicant : Mr. Dhirendra Verma, Advocate. For Non-Applicant/State : Mr. Malya Shrivastava, Panel Lawyer. Hon’ble Shri 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. 09/2025 registered at Police Station – Mahila Thana - Kawardha, District - Kabirdham (C.G.) for the offence punishable under Sections 64(2)(m), 81 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2. Prosecution case in brief, is that the victim filed a report at Mahila Thana Police Station in Kawardha, Kabirdham District, on 03.02.2025. She alleged that she had known the applicant since childhood and that he worked for the CRPF in Avantikapur, Pulwama. In July 2023, the victim reconnected with the applicant, and they began conversing over the phone. On 22.11.2023, the applicant allegedly married the victim at Siddhi Mata Mandir in Bemetara, in the presence of two of her friends, and then had a physical relationship with her at her rental home. The applicant allegedly took the victim to Alkanda Hotel in Kashi Vishvanath in December 2023 and had another physical relationship with her. On 20.12.2023, the applicant allegedly married the victim again on the banks of the Ganga River and promised to formalize their marriage in court when he returned from leave in March. However, when the applicant returned to the village in March, he delayed their court marriage. The victim informed the applicant about her pregnancy over the phone, but he allegedly abused her and told her to have an abortion. On 20.10.2024, the victim visited Rupjeevan Hospital due to bleeding and was informed by the doctor that she had suffered a miscarriage. The applicant allegedly stopped communicating with the victim and, when they did speak, he misbehaved, abused her, and refused to formalize their marriage in Court. Based on the victim's written report, the police registered an offense under Crime No. 09/2025, punishable under sections 64(2)(m) and 81 of the Bharatiya Nyaya Sanhita, 2023. The investigation is ongoing, and the charge sheet has yet to be filed. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is 3 submitted that the victim known the applicant since childhood. He further submits that the applicant and the victim got acquainted through Instagram in July 2023, and subsequently, they stared conversing over the phone. He also submits that the physical relationship between the complainant and the present applicant was admittedly consensual. Further, there is an inordinate delay in lodging report as time of offence is stated to be from November, 2023 to October, 2024 and report is lodged on 03.02.2025. 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. 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, it appears that the victim is a major lady who has known the applicant since childhood and and there is love relation between them, and the physical relations between them was consensual, further she is the consenting party, hence, 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- Ritik Yadav, 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 4 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 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 postcard full size photo having printed the adhaar number 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