1 2025:CGHC:16684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 497 of 2025 • Lucky Jaiswal S/o Sanjay Jaiswal Aged About 26 Years R/o Ward No.-07, Manendragarh, P.S. - Manendragarh, District - M.C.B. ... Applicant versus • State of Chhattisgarh Through - Station House Officer, P.S. - Jhagrakhand, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Non-applicant For Applicant : Ms. Renu Kochar, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/04/2025 1. Proccedings 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. 34/2025 registered at Police Station – Jhagrakhand, District–Manendragarh – Chirmiri-Bharatpur (C.G.) for the offence punishable under Sections 376, 376(2)(n) 2 of the Indian Penal Code (IPC). 3. As per prosecution story in brief is that the complainant/prosecutrix aged about 22 years has lodged a written complaint dated 18.03.2025 before the police station Jhagrakhand District M.C.B.(C.G.) under section 376, 376(2)(n), of L.P.C. and alleging that the present applicant from 22.01.2021 to December 2024 has made sexual relation with the prosecutrix on pretext of marriage, the prosecutrix had lodged the F.I.R. after a delay of 4 years, that the present applicant is well known to the prosecutrix and they have been meeting each other from last 4 years, a false case had alleged that she has been sexually assaulted by the present applicant on pretext of marriage, therefore an F.I.R. has been lodged against the present applicant vide F.I.R. no. 34/2025 in offence under section 376, Jhagrakhand 376(2)(n), of I.P.C. at police station Manendragarh, District Manendragarh-Chirmiri- Bharatpur (C.G.). 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 that the present applicant and the prosecutrix were in a relationship and she was a consenting party. Therefore, she prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for 3 grant of anticipatory bail in this case. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that present applicant and the prosecutrix were in a relationship and she was a consenting party, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Lucky Jaiswal on executing a personal bond with 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 disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e)The Applicant 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 13:43:49 +0530