1 2025:CGHC:22211 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 609 of 2025 1 - Shailendra Ahirwar S/o Jagdish Ahirwar Aged About 24 Years R/o Mochi Mohalla Shyamnagar Lingiyadih Police Station Sarkanda District - Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer Police Station Sarkanda , District - Bilaspur (C.G.) --- Non-applicant (Cause Title taken from Case Information System) For Applicant : Mr. G.V.K. Rao, Advocate For Non-Applicant For Objector : : Mr. Sangharsh Pandey, G.A. Victim appeared in person. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20.05.2025 1. This is the first bail application filed by the applicant under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, apprehending his arrest in connection with Crime No. 395/2025, registered at Police Station – Sarkanda, District VISHAKHA BEOHAR Digitally signed by VISHAKHA BEOHAR 2 Bilaspur (C.G.) for the offence punishable under Section 376(2)(n) of IPC and Sections 4 & 6 of POCSO Act. 2. Case of the prosecution, in brief, is that the prosecution story in brief is that the prosecutrix lodged report at Police Station, Sarkanda, alleging therein that from 13.11.2019 to 19.01.2025, the applicant has committed sexual intercourse with her on several times on the pretext of marriage, due to which, twice she became pregnant and the applicant got her pregnancy miscarried. On the basis of said report, the said offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is an innocent person and has been falsely implicated in connection with the said crime. He submits that the First Information Report (FIR) has been lodged by the prosecutrix with inordinate and unexplained delay, and the prosecutrix had earlier lodged an FIR against the applicant under Sections 294, 506, and 323 of IPC in Crime No. 688/2023, wherein no allegation regarding sexual intercourse was made. It is also stated that the prosecutrix had filed an application under Section 12 of the Protection of Women from Domestic Violence Act before the learned JMFC, Bilaspur, which was registered as MJC Criminal No. 1312/2023 and subsequently withdrawn. The prosecutrix was a willing and consenting party, and no offence is made out against the present applicant. It is submitted that the FIR appears to have been lodged only to pressurize the applicant into marrying her. 3 The essential ingredients of the alleged offences are not attracted in the present case, and the applicant, being a person of good reputation, would suffer irreparable harm to his dignity and social standing if arrested. Therefore, the applicant may be granted anticipatory bail. 4. On the other hand, learned counsel for the State opposes the anticipatory bail application and submits that the victim was thrice pregnant by the applicant, and on the second occasion, the pregnancy was terminated pursuant to the order of this Court dated 11.04.2025 passed in WPC No.1741/2025. It is further submitted that the applicant established physical relations with the victim on several occasions under the pretext of marriage. Therefore, it is contended that the applicant is not entitled to the benefit of anticipatory bail. 5. I have heard learned counsel for both the parties. 6. Considering the submissions made by the counsel for the applicant and taking into account the fact that the victim is a major, who came into contact with the applicant in the year 2019 and established a physical relationship with him on several occasions, resulting in pregnancy thrice, it appears that the victim was a consenting party and when their relationship did not materialized, the present FIR was lodged against the applicant. Therefore, I am inclined to extend the benefit of Section 482 of the BNSS to the applicant. 4 7. Accordingly, the instant anticipatory bail application is allowed and It is directed that in the event of arrest of the applicant in connection with the aforesaid offence, the applicant shall be released on anticipatory bail by the officer arresting on executing a personal bond in sum of Rs. 25,000/- with one surety in the like sum to the satisfaction of the concerned Investigating Officer. The Applicant shall also abide by 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 alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He shall not involve themselves in any offence of similar nature in future. - sd/- (Ramesh Sinha) Chief Justice Vishakha