1 2025:CGHC:16456 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 490 of 2025 • Mahendra Sharma S/o Late Sohan Lal Sharma Aged About 32 Years R/o Ward No. 24 House No. 317 Gurunanak Nagar, Near Kartar Bhawan Durg District- Durg (C.G.) ... Applicant versus • State Of Chhattisgarh Through Sho Police Station Mohan Nagar, District- Durg (C.G.) ... Non-applicant For Applicant : Mr. Avinash Chnad Sahu, Advocate For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer For Objector Mr. Jay Prakash Shukla, Advocate 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 2 with Crime No. 107/2025 registered at Police Station – Mohan Nagar, District – Durg (C.G.) for the offence punishable under Sections 69 of BNS (corresponding section 376 of the Indian Penal Code). 3. The prosecution story, in brief, is that prosecutrix lodged a report against the applicant on 20.03.2025 that the applicant and the prosecutrix who is about 6 years elder to the applicant and they are the very well known to each other and since 2015 they are friend and they are in love relationship since long time and the applicant has already told her as they don't belong to same caste therefore they can not marriage and since beginning the prosecutrix understood the same and when in the year the marriage of the applicant was fixed to some other girl the prosecutrix made pressure to marry applicant and when the applicant denied the same the prosecutrix came with the story that the applicant established physical relationship with her on false pretext of marriage and thereafter he denied for marriage therefore, the above case has been registered against the applicant. 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 present applicant and the prosecutrix were in a relationship since 2015 and she was a consenting party. Therefore, he prays 3 for grant of anticipatory bail to the applicant. 5. Learned counsel for the State as well as Mr. Jay Prakash Shukla, learned counsel for the Objector would oppose the bail application of the applicant and submits that on the pretext of marriage applicant 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 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 – Mahendra 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) 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 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) 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 14:13:18 +0530