1 2025:CGHC:11473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 335 of 2025 Vinod Tirkey S/o Cristofer Tirkey Aged About 24 Years Resident Of Village- Chikni T Tagar Chouk, Manora, Jashpur, District- Jashpur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station- Baikunthpur, District- Koriya, Chhattisgarh ... Respondent For Applicant : Shri Ravi Kumar Bhagat, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.10 11:16:03 +0530 2 connection with Crime No.11/2025 registered at Police Station Baikunthpur, District-Koriya, CG for the offence punishable under Sections 376 (2) (n) of IPC. 2. Case of the prosecution in brief is that complainant lodged FIR with Police Station -Baikunthpur, District - Koriya alleging that she has been subjected to sexual assault for a period 21/12/2022 to 16/02/2024, on pretext of marriage Therefore, on complaint of prosecutrix the police has registered crime no. 11/2025 against present applicant, for commission of offence under Section 376 (2) (n) of I.P.C. Hence this Anticipatory bail application for applicant. 3. Learned counsel for the applicant would submit that the victim is a major girl and they were having relationship since the year 2022 and their engagement was also performed on 18/07/2024 but it appears that there was some un-cordial relationship developed between the two families and marriage could not be performed, hence the present FIR has been lodged. Hence he 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. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the nature of allegation and also the fact that engagement was also performed 3 between the applicant and prosecutrix, 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 - Vinod Tirkey, 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri