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2025 DAILYLAW 16120 (CHH)

PUSHKAR SAHU v. STATE OF CHHATTISGARH

MCRCA/458/2025 · 2025-04-04

body2025

Judgment text

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1 2025:CGHC:15967 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 458 of 2025 • Pushkar Sahu S/o Johan Lal Sahu Aged About 24 Years R/o Village- Kusmund, Post Samoda, P.S. Arang, District- Raipur Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through-The Station House Officer, Police Station Arang, District- Raipur (C.G.) ... Non-applicant For Applicant : Mr. Chandrasen Chouhan, Advocate For Non-applicant : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.04.2025 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. 129/2025 registered at Police Station – Arang, District – Raipur (C.G.) for the offence punishable under Sections 69 of BNS. 2. The prosecution story, in brief, is that the complainant has 2 made complaint to the concerned police station alleging that the victim was love affair with the applicant and the applicant has committed sexual intercourse with her, at several places in several times on pretext of marriage. 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. 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 the present applicant and the victim were in a relationship and the she was a consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. 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 victim, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 164 of the Cr.P.C., it appears that the victim and the present applicant were in a consensual relationship and she was a consenting party. Therefore, without further commenting 3 anything on merits, 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 – Pushkar Sahu, 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: 2025.04.05 10:32:38 +0530