1 2025:CGHC:11793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 340 of 2025 Toran Sahu S/o Sukalu Sahu Aged About 23 Years, R/o Shakti Nagar, Ward No. 18, Near Sunil Grocery Stores, Police Station Mohan Nagar, Durg, Tahsil And District- Durg , C.G. ... Applicant versus State of Chhattisgarh Through S.H.O. Supela, Outpost – Smriti Nagar, Bhilai, District – Durg (C.G.) ... Non-applicant For Applicant : Mr. Sudhanshu Kumar Singh, Advocate. For Non-applicant/State : Mr. UKS Chandel, Dy. Advocate General. For Objector : Mr. Akash Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 193/2025 registered at Police Station – Supela, Outpost – Smriti Nagar, Bhilai, District – Durg (C.G.) for the offence punishable under Section 351(2) and 69 of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the applicant and the victim neighbors and they came into contact through Social Media App Instagram and Snapchat from dated 24.12.2024 and thereafter they used to meet each other and in the said course on 18.02.2025 both of them went to the Bhilai area and they have traveled through motorcycle RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 and went to a vacant house and thereafter committed rape by promising her to marry and thereafter applicant has took her to Katulbod and then the victim informed to her maternal aunt and then the matter was reported to the Police. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 19 years old, and there was a love affair between applicant and victim, the victim voluntarily eloped with the applicant by accompanying him, and had made consensual sexual relations with him, and the victim is the consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant and the victim neighbors and they came into contact through Social Media App Instagram and Snapchat from dated 24.12.2024 and thereafter they used to meet each other and in the said course on 18.02.2025 both of them went to the Bhilai area and they have traveled through motorcycle and went to a vacant house and thereafter committed rape by promising her to marry and thereafter applicant has took her to Katulbod and then the victim informed to her maternal aunt and then the matter was reported to the Police. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the 3 case-diary, it transpires that the victim is a major girl aged about 19 years old, and there was a love affair between applicant and victim, the victim voluntarily eloped with the applicant by accompanying him, and had made consensual sexual relations with him, and the victim is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Toran Sahu 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 conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar