1 2025:CGHC:15455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 449 of 2025 • Dubraj Ram S/o Jaishankar Ram Aged About 25 Years Caste- Rautiya, At- Village Khutgaon Bathaantoli, P/s Kunkuri, District- Jashpur, C.G. ... Applicant versus • State Of Chhattisgarh Through Station House Officer P/s Kunkuri, District- Jashpur, C.G. ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate appeared through video conferencing. For Non- applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 02/04/2025 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. 52/2025 registered at Police Station – Kunkuri, District – Jashpur (C.G.) for the offence punishable under 2 Sections 331(4), 74 and 75(2) of the BNS. 2. The prosecution story, in brief, is that the complainant lodged a oral report stating that on 01.03.2025 at about 2:30 A.M., the applicant entered her house and tried to touch her and asked to indulge with him, when she woke up and shouted him, her family members and neighbors gathered at the spot. They caught hold of the applicant as he was trying to flee the scene and scolded him but the applicant started abusing the prosecutrix’s husband and fled. 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. He further submits that prosecutrix aged 38 years old and she is already married women and she had extra marital affair with applicant and statement recorded under Section 183 of BNS Act, she made allegations against the applicant but she has filed an affidavit before the trial Court, in which she has submitted that no offence or overt act was committed against her by the applicant and because of the societal issues, she was lodged the report. An affidavit filed by the prosecutrix is marked as (Annexure A/2) and 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 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 3 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 case it transpires that prosecutrix is a major women and she has extra marital affair with the applicant and she had also filed an affidavit before the trial Court, in which she has submitted that no offence or overt act was committed against her by the applicant and because of the societal issues, she was lodged the report, at this stage without expressing any opinion on merits, 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 – Dubraj Ram 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) 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 4 it, which shall be verified by the trial Court. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.03 14:33:41 +0530