1 2025:CGHC:10859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 295 of 2025 Yash Kshatriya S/o Shri Tara Singh Kshatriya Aged About 20 Years R/o House No. 55, Ward No. 3, Umarpoti, Purai, Durg, Tehsil And District Durg, Chhattisgarh (Particulars Of The Applicant In Mentioned Correctly) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Chuikhadan, District K.C.G. Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Anmol Sharma, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 39/2025 registered at Police Station – Chuikhadan, District K.C.G. (C.G.) for the offence punishable under Sections 376, 376(2) of the IPC. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case in brief is that on 03.02.2025, the prosecutrix has given a written complaint to the police authorities against the present applicant stating that she and the present applicant were studying together and during this period, they developed affection towards each other and were in relationship. It is further alleged that the present applicant on 23.03.2024 took the prosecutrix to Chindari Dam for outing and developed relation with her. It is further stated that family members of the prosecutrix was looking for a boy for marriage in their own community and her marriage was fixed but couldn't happened because the applicant has sent couple photographs to groom. Therefore, complaint was lodged before the police authorities. That pursuant to the complaint made to concerned police station the FIR has been lodged by the police authorities bearing crime no. 39/2025 against the Present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence which is punishable under 376, 376(2) of I.P.C. as both the prosecutrix and the present applicant are major and developed consensual relationship with each other and living together. The prosecutrix is a well-educated lady and is aged about 20 years and she in her own statement has accepted the fact that she was in relation with the present applicant as they were studying together. Further there is considerable amount of delay in lodging the FIR which has not been explained. The complainant/ prosecutrix in the anticipatory bail application filed before the Learned Court below has duly submitted an afÏdavit stating no objection for grant of Anticipatory bail as the family 3 members have lodged the false FIR against the present applicant and have not committed any forceful act with her and are presently living together and the same has been observed by the learned trial court. The present applicant will suffer irreparable loss if he is arrested therefore, he may be granted benefit of anticipatory bail. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant, but could not dispute the fact the the prosecturix herself has filed an afÏdavit stating no objection for grant of Anticipatory bail to the applicant before the learned trial Court. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary and further the fact that the prosecutrix is aged about 20 years and she in her own statement has accepted the fact that she was in relation with the present applicant as they were studying together and has also filed an afÏdavit stating no objection for grant of anticipatory bail to the applicant before the trial Court, this Court deems it fit to grant benefit of 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 – Yash Kshatriya, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following 4 conditions:- (a) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should 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 sureties 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 should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal