1 2025:CGHC:16458 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 487 of 2025 • Pitamber Kumar S/o Shankar Lal Sahu Aged About 25 Years R/o Ward No. 08, Belaudi, P.S. Sanuad, Tehsil Gunderdehi, Distt. Balod, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Sho Sanaud, Distt. Balod (C.G.) ... Non-applicant For Applicant : Mr. Shikhar Bakhtiyar, Advocate For Non- applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 22/2025 registered at Police Station – Sanaud, District – Balod (C.G.) for the offence punishable under Sections 2 69 of BNS. 3. The prosecution story, in brief, is that the applicant has committed sexual intercourse with the prosecutrix saying that your husband is impotent and from then 10.01.2021 to 28.11.2024 made physical relation with her. Based upon the said complaint, the police station has registered the offences under section 69 of B.N.S. against the applicant. Hence, this application. 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the applicant is unmarried aged about 25 years and prosecutrix is aged about 35 years old married lady. He further submits that the present applicant and the victim were in a relationship and she was a consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 5. 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 prosecutrix, therefore, he is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and looking to the fact that, it appears that the prosecutrix and the present 3 applicant were in 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. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pitamber Kumar, 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) 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 vaishali VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.14 14:06:29 +0530