1 2025:CGHC:1564 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 32 of 2025 Kamal Kant @ Kamalkant S/o Shri Kartik Ram Aged About 36 Years R/o Q.No.2/G Ward No. 30, Road No.32, Zone-02, Sector-11, Khursipar, Bhilai Police Station Khursipar, District Durg, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Supela, District – Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vivek Kumar Agrawal, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09.01.2025 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. 768/2024 registered at Police Station – Supela, District – Durg (C.G.) for the offence punishable under Section 376(2)(n), 377, 294, 506 and 323 of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the applicant raped the victim under false promise of marriage and also committed unnatural sex with her and thereafter blackmailed her and abused her with filthy language and manhandled her. Based on these allegations, the instant crime has RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 been registered and the applicant is apprehending his arrest in respect thereof. 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. It is submitted that the victim is a major girl, and there was a love affair between the applicant and the victim since year 2023, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. 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 from the perusal of the case diary, it transpires that the applicant raped the victim under false promise of marriage and also committed unnatural sex with her and thereafter blackmailed her and abused her with filthy language and manhandled her. Therefore, 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-diary, it transpires that the victim is a major girl, and there was a love affair between the applicant and the victim since year 2023, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kamal Kant @ Kamalkant on executing a personal bond with 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 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar