1 2025:CGHC:2031 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 48 of 2025 Ram Singh S/o Suresh Singh Aged About 38 Years Caste - Gond, R/o Manjhipara Village Thaggaon, Police Station And Tahsil Khadgawan, District M.C.B. Chhattisgarh. ... Applicant versus State of Chhattisgarh Through - Police Station Khadgawan, District M.C.B. Chhattisgarh. ... Non-Applicant For Applicant : Mr. Kaushal Yadav, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 254/2024 registered at Police Station – Khadgawan, District – M.C.B. (C.G.) for the offence punishable under Section 376 (2)(n) of the Indian Penal Code (for short IPC). 2. According to the prosecution's case, on October 19, 2024, the complainant/victim filed a report at Khadgawan Police Station against the applicant. She alleged that the applicant would often ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.14 10:34:54 +0530 2 visit her home, leading to the establishment of a romantic relationship between them. The victim further alleged that the applicant engaged in sexual intercourse with her from December 16, 2022, to June 11, 2024, under the promise of marriage. During this period, she became pregnant and gave birth to a premature baby at seven months of pregnancy on July 21, 2024. Unfortunately, the baby did not survive. The applicant has since refused to marry her. Based on the victim’s statement, Crime No. 254 of 2024 was registered against the applicant under Section 376(2)(n) of the Indian Penal Code (IPC). 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim is a married lady. He further submits that the present applicant and the victim were in a relationship and the she was a consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the victim, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the victim and the present applicant were in 3 a consensual relationship and she was a consenting party. Therefore, without further commenting anything on merits, I am inclined 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 – Ram Singh, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 his adhaar card along with a coloured 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 Abhishek