1 2025:CGHC:15456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 447 of 2025 Sarthak Sharma S/o Ravindra Sharma Aged About 28 Years R/o- Avanti Vihar, Raipur, District- Raipur, (C.G.) (Wrongly Mentioned Without Age In Annexure A/1) … Applicant versus State Of Chhattisgarh Through S.H.O. Police Station- Deendayal Nagar, District- Raipur (C.G.) ... Respondent For applicant : Shri Manoj Paranjpe and Shri Trivikram Nayak, Advocates. For Respondent/State : Ms. Subha Shrivastava, PL. For objector : Shri R.L. Rajak and Shri Anish Tiwari, Advocates. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 02/04/2025 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.126/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.03 14:08:11 +0530 2 registered at Police Station – Deendayal Nagar, District- Raipur (C.G.) for the offences punishable under Sections 78, 74 and 351(3) of B.N.S. 2. Case of the prosecution, in brief, is that it is alleged by the complainant/prosecutrix that she has been in relationship with the applicant since 2018 upto 2020. However, on 14/02/2025 the applicant approached the prosecutrix while she was returning from her college and held her wrist due to which she felt humiliated and threatened. Also the applicant requested the prosecutrix to continue talking failing which he shall take steps, hence the complainant felt physically and mentally harassed by the applicant and she also alleges that the applicant followed her, hence action should be taken against the applicant. 3. It has been argued by learned counsel for the applicant that the victim who is a major girl aged about 24 years was having relationship with the applicant since 2018 and she is also a student of law and it appears that the relationship could not materialize and the present FIR has been lodged for the offence in question. He would submit that on perusal of the statement of the complainant, the said fact is evident that their relationship continued since 2018 and she is a law student and because of some differences between the two, present FIR has been lodged. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. Learned counsel for the objector/victim has vehemently opposed the prayer for grant of anticipatory bail and stated that the applicant is 3 threatening the victim and marriage was also stated to be broken because of the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the victim who is a major girl aged about 24 years was having relationship with the applicant since 2018 which is evident from her statement and because of some differences between them, present FIR has been lodged and also considering the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sarthak Sharma, on executing a personal bond and 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 4 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri