1 2025:CGHC:19127 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 590 of 2025 Vinod Kumar Minj S/o Philip Minj Aged About 45 Years R/o Near Housing Board Colony Ramantola, Village Macheva, Mahasamund, District Mahasamund Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Police Station Padamnabhpur, District - Durg, Chhattisgarh ... Respondent For Applicant : Shri Ashish Shrivastava, Sr. Advocate with Shri Rohishek Verma, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/04/2025 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.86/2025 registered at Police Station –Padmnabhpur, Durg, District Durg (CG) for the GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.29 19:02:46 +0530 2 offences punishable under Sections 296, 115 (2), 351(3), 69 of BNSS, 2023. 2. Case of the prosecution, in brief, is that from 01-07-2024 to 26-03-2025, on various occasions, the accused applicant has made physical relation with the prosecutrix on the promise of marriage and on refusing she has been threatened of life and on 26-03-2025 when the prosecutrix asked the applicant for marriage he has beaten her. On this, the Police Station Padmanabhpur, Durg (CG) has registered First Information Report for the alleged crime under Crime No.86/2025 for alleged commission of offence punishable under Section 296, 115 (2), 351(3) and 69 of BNSS 2023. The matter is under investigation. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the prosecutrix was a consenting party and on the ground of getting the applicant trapped in a false rape case started blackmailing and extorted huge amount of money from the applicant since August 2023 and when the applicant at the later stage refused to pay any amount, the present false case has been registered against the applicant. On 08-09-2023 & 10-09-2023, the applicant has transferred Rs. 2 lakh from his UPI account. Likewise, many times the prosecutrix on the threat of getting calls, photos and call recording etc., open to public, extorted a lot of money from the applicant. Further, the prosecutrix filed an objection before the lower court wherein she has filed some photographs which shows that she was consenting party. He would further submit that the applicant has lodged a written complaint of extortion against the prosecutrix at Police Station Padmanabhpur, Durg (C.G.) vide date 26.03.2025 which is still pending for investigation. Copy of complaint/report against extortion by prosecutrix is herewith filed as 3 Annexure A/3. He would submit that the prosecutrix is a married woman and has a 14 years old daughter, pertinently, consensual relationship by a married woman cannot be based on alleged assurance of marriage and is not a crime of rape. He would submit that the applicant is a government servant and his arrest would affect his service as well as the prestige in society. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, nature of allegation levelled against the applicant, also considering the fact that complainant is a married woman and there appears to be consensual relation between the applicant and complainant, this Court finds it appropriate 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 – Vinod Kumar Minj, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri