1 2025:CGHC:15954 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 469 of 2025 • Vijay S/o Sukhchain Satnami Aged About 28 Years R/o Village- Neur, Police Station- Chandanu, Tahsil And District- Bemetara (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station- Chandanu, District- Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Devesh G.Kela, Advocate For Non-applicant : Ms. Manisha Thakur, Panel Lawyer Hon’ble Mr. Ramesh Kumar Sinha, Chief Justice Order on Board 04/04/2025 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. 449/2021 registered at Police Station – Chandanu, District – Bemetara, (C.G.) for the offence punishable under Sections 363, 366 of the Indian Penal Code (for short IPC). VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.05 20:07:24 +0530 2 2. The prosecution story in brief is that the applicant has abducted the prosecutrix from her lawful guardianship of her father and detained her. Upon this Crime No. 449 of 2021 was registered against the applicant under Section 363, 366 of the Indian Penal Code (IPC). 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that they have love affair and after attaining the age of majority they performed love marriage in the year 2023 and she was a consenting party. He also submits that submits that prosecutrix has filed an application for no objection anticipatory bail to the applicant before the District Court Bemetara, He further submits that out of their wedlock a son is born on 16.12.2023 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 and submits that 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 looking to the fact that prosecutrix has filed an application giving her no objection while granting anticipatory bail to the applicant before the District Court Bemetara, 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 – Vijay, 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