1 2025:CGHC:13685 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 396 of 2025 Rahul Banjare S/o Ganraj Aged About 29 Years R/o Sector-4, Road- 16, House- 09a, Bhilai, District Durg C.G. ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station- Mohan Nagar Durg, District – Durg C.G. ... Non-applicant For Applicant : Ms. Fouzia Mirza, Senior Advocate, assisted by Mr. Navin Shukla, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.03.2025 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. 68/2025 registered at Police Station – Mohan Nagar Durg, District – Durg (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the complainant gave a written report at the Police Station concerned alleging that she used to talk to the applicant through the medium of phone, that on 06.07.2024 the applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 went to Dhanora to meet the complainant, thereafter the applicant in lieu of outing he took her out and went to Sagar Hotel Near Railway Station Durg and took her inside the room, wherein he will told her that he will marry the complainant and established sexual relationship with her, thereafter, again on 28.08.2024 and 28.09.2024 the applicant took the complainant to the Sagar Hotel and established sexual relationship with her. When the complainant asked the applicant for marriage he used to avoid the conversation. The applicant multiple times made sexual relationship with the complainant with a promise to get married and later refused. On the aforesaid report the crime has been registered against the applicant. 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 25 years old, and there was a love affair between applicant and victim, thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, 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 opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant has made sexual intercourse with the victim on the pretext of marriage, and thereafter, he refused to marry her. 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 3 of allegation leveled against the applicant, and from the perusal of the case-diary, it transpires that the victim is a major girl aged about 25 years old, and there was a love affair between applicant and victim, thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, 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 – Rahul Banjare 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