1 2025:CGHC:2811 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 85 of 2025 Shashikant Chouhan S/o Bhanupratap Chouhan Aged About 30 Years R/o Village - Jevaridih, Thana - Pusor, District - Raigarh Chhattisgarh, Presently R/o Siddhi Vinayak Colony, Raigarh, Thana - Kotwali, District - Raigarh Chhattisgarh ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station City Kotwali, District -Raigarh Chhattisgarh ... Non-Applicant For Applicant : Mr. Hari Agrawal, Advocate. For Non-Applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Tanmay Rai, Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 16.01.2025 1. Mr. Tanmay Rai, Advocate submits that he has filed vakalatnama today before the Registry and prays that he may be permitted to argue the matter on behalf of the Objector. 2. Prayed made by Mr. Tanmay Rai, Advocate is allowed. 3. 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 PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.17 11:59:08 +0530 2 No.761/2024 registered at Police Station – City Kotwali, District - Raigarh (C.G.) for the offences punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 4. Prosecution case in brief is that the complaint filed by a major lady, the victim, who resides in Bhubaneshwar, Odisha. She met the applicant, a Police Department Employee, in November 2022, and they exchanged phone numbers, leading to a friendship and regular meetings. However, things took a dark turn on 27.11.2022 when the applicant expressed his love to the victim at ANS International Hotel, Raigarh. She refused, considering them just friends. The applicant then allegedly spiked her drink and created obscene videos and photos of her. The victim claims that the applicant established a physical relationship with her under the pretext of marriage, despite being already married with a six-year-old daughter. The applicant's wife allegedly harassed the victim threatening her not to disclose their relationship. The victim accuses the applicant and his wife of causing her mental harassment with the intent to cause death. The police registered a crime based on the victim complaint at P.S.- City Kotwali, Raigarh. 5. Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated in the case. It has been further argued by learned counsel for the applicant that the victim is a major lady and the FIR has been lodged with huge lapse of more than 02 years from the date of alleged incident. He further submits that the victim was a consenting party and the applicant has no previous criminal antecedent and the victim has no objection. Hence, this anticipatory bail application is liable to be allowed. 3 6. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. 7. The learned counsel for the complainant has stated that the victim has no objection. 8. I have heard learned counsel for the parties and perused the case diary. 9. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and the nature of allegation levelled against the present applicant and the fact that the victim is a major lady and the FIR has been lodged with huge lapse of more than 02 years from the date of alleged incident, further the victim was a consenting party and the applicant has no previous criminal antecedents, and also considering the fact that the complainant has no objection, this Court deems it appropriate to grant anticipatory bail to the present applicant. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Shashikant Chouhan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, they 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. 4 (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 themselves in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti