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2025 DAILYLAW 15499 (CHH)

KESHAV SINGH v. STATE OF CHHATTISGARH

MCRCA/445/2025 · 2025-04-01

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Judgment text

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1 2025:CGHC:15290 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 445 of 2025 Keshav Singh S/o Santosh Kumar Aged About 33 Years Caste Gond R/o Bundeli Thana Bankimongra District - Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Bankimongra District - Korba (C.G.) ... Respondent For Applicants : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.04.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 40/2025, registered at Police Station – Bankimongra, District – Korba (C.G.) for the alleged commission of offence VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.02 14:38:09 +0530 2 punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that on 01.03.2025 the prosecutrix has lodged the report at police station Bankimongra against the applicant stating that the applicant has committed sexual intercourse with her since last 8 months on pretext of marriage. After refusal of marriage by the applicant she lodged the F.I.R. against the applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that applicant is a truck driver and he belongs to poor family and he has no previous criminal record. He further submits that both applicant and prosecutrix belongs to same community and the husband of prosecutrix has thrown her out from his house therefore, wife of applicant had kept her in house and was giving shelter. Further the prosecutrix is major and married lady. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits that the present applicant has committed sexual intercourse with her since last 8 months on the pretext of marriage, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the submission made by learned counsel for the applicant further considering the nature and gravity of the offence, material on record, and the fact that the prosecutrix is a major and married lady and applicant has no any previous criminal antecedent, therefore, 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 – Keshav 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) he 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 vaibhav