1 2025:CGHC:18581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 574 of 2025 1 - Sunil Singh S/o Dhan Sai Aged About 31 Years Caste- Kanwar R/o Village- Chakeri, P.S. And Tehsil Udaipur District- Surguja (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, P.S. Udaipur District- Surguja (C.G.) ... Non-applicant For Applicant : Mr. Nishikant Sinha, Advocate For State : Mr. Shakib Ahmed, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/04/2025 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. 45/2025 registered at Police Station – Udaipur, District – Surguja (C.G.) for the offence punishable under Sections 64(2)(m), 69 of BNS. 2. The prosecution story, in brief, is that the prosecutrix had love affair with the applicant and she married one Umesh Majhwar in the year 2019 but within a week she left her husband and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:49 +0530 2 came back to her matrimonial home. It has been alleged that on the pretext of marriage applicant has made physical relation with prosecutrix on 10.10.2024 and developed physical relation on several occasions resulting which she became pregnant but the applicant denied to marry her and also denied the child in the womb to be of 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 applicant had love affair with the prosecutrix and the prosecutrix is a major and married lady who has deserted her husband and has consensually developed physical relation with without any coercion, threat and misconception, thus no offence or criminality is made out against the applicant. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case it transpires that prosecutrix is a major women and she has extra marital affair with the applicant and the prosecutrix is a major and married lady who has deserted 3 her husband and has consensually developed physical relation without any coercion, threat and misconception, 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. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sunil Singh 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. (e)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali