Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17241
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 522 of 2025 Manish Kumar Sinha S/o Itwari Ram Sinha Aged About 30 Years R/o Village Khairjhiti, P.S. - Tumgaon, Tehsil - Mahasamund, District - Mahasamund Chhattisgarh ...Applicant
versus State Of Chhattisgarh Through P.S. Tumgaon, District - Mahasamund Chhattisgarh
... Respondent For Applicant : Mr. Rajesh Kumar Kesharwani, Advocate. For Non-Applicant/State : Mr. Ankita Shukla, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 15.04.2025
1. Proceedings of this matter have been taken through video conferencing. 2. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.76/2025 registered at Police Station – Tumgaon, District - Mahasamund (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:47 +0530
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3. As per prosecution story, in brief, that the complainant has alleged that upon assurance of marriage, the applicant has made sexual relation with her and married with another Renuka Sinha, therefore, the complainant has filed complaint against applicant. against the applicant under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 4. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim aged about 32 years is a major lady. He also submits that the victim and the applicant were in a relationship and the victim was a consenting party. Therefore, he prays for grant of anticipatory bail to the present applicant. 5. 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. 6. I have heard learned counsel for the parties and perused the case diary. 7.
Considering the facts & circumstances of the case, it appears that the victim who is aged about 32 years and the present applicant were in a consensual relationship and they established sexual relationship, thereafter, their relationship could not be materialized, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her, therefore,
3 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 – Manish Kumar Sinha, 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 Vaibhav