1 2025:CGHC:10857 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 307 of 2025 Tanuraj Soni S/o Bhupendra Kumar Soni Aged About 20 Years R/o Near Durga Chowk, Dondi, Tahsil-Dondi, District- Balod (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Dondi, Tahsil- Dondi, District- Balod (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Nimesh Kumar Jha, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, 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 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.09/2025 registered at Police Station Dondi, Tahsil- Dondi, District- Balod (C.G.) for the offence AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 punishable under Section 64(2)(m) , 65(1) of Bharatiya Nyaya Sanhita (for short ‘BNS’) and Section 4, 6 of Protection of Children from Sexual Offences Act (for short ‘POCSO Act’). 2. Prosecution case in brief is that the victim who filed a report at the Doundi Police Station, alleging that she met the applicant on Facebook in 2019. The applicant allegedly took her to his house on 09.01.2020, and had established physical relationship with her on the pretext of marriage, despite knowing she was a minor at that time. This behavior continued until 2024, with the applicant repeatedly promising marriage. On the basis of that aforesaid offences have been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that the complainant solely to extort money from applicant. The applicant's family members are financially well-off, owning a business that deals with gold and silver ornaments, making them a target for this malicious complaint, further victim was a consenting party and the applicant was also juvenile at the time of incident, copy of birth certificate is annexed as Annexure A/2. He also submits that there is 5 years of delay in lodged the FIR, as the incident occurred on 09.01.2020 and FIR was registered by victim on 17.01.2025, which shows that applicant has been falsely implicated in the case, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that victim was 16 year old at the time of alleged incident and applicant had established physical relationship with her on the pretext of marriage 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, nature of dispute and material available in case diary, and the fact that though the appliant had established physical relationship with her on the pretext of marriage, despite knowing she was a minor at that time, but there is delay of 5 years in lodging the FIR, as the incident occurred on 09.01.2020 and FIR was registered on 17.01.2025, further applicant has no criminal antecedent, also considering the statement of victim recorded under Section 183 of BNSS, as such, without further commenting anything on merits, this Court find 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 - Tanuraj Soni, 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 4 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 Akhil