1 2025:CGHC:19969 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 628 of 2025 1 - Jonty Adwin S/o Shri Ajeet Kumar Anand Aged About 31 Years (Wrongly Mentioned As Janti Edwin In Impugned Order Sheet ) Old R/o House No. Lig - B/575, Yamuna Vihar Block No. 4 Ntpc Township Jamnipali Police Station Darri Tehsil Darri District - Korba Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Police Station Kotwali Korba District - Korba Chhattisgarh ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate For State : Ms. Smriti Shrivastva, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 01/05/2025 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 her arrest in connection with Crime No.230/2025 registered at Police Station – Kotwali, Korba, District-Korba (C.G.) for the offences punishable under Section 69 of the BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:20:23 +0530 2 2. Case of the prosecution, in brief, is that the applicant on pretext of marriage has committed forceful sexual intercourse upon the victim on dated 25.11.2024 at the house of one Sara Rai and it has been further alleged that the last time the applicant committed sexual intercourse on dated 11.02.2025. On the said allegations the FIR was registered in police station Kotwali, District- Korba (C.G) against the applicant under Section 69 of BNS. 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. It is submitted by learned counsel for the applicant is that the applicant and the complainant were in acquaintance since year 2019 and earlier also the same complainant has lodged an FIR against the applicant bearing Crime No. 267 of 2024, in which it was alleged that the applicant and complainant which continued for a period of 5 years and subsequently when the marriage could not be materialized the complainant has lodged the FIR under Section 376 against the applicant herein. Thereafter the applicant has filed an anticipatory bail registered as bail application No. 287 of 2024 before the Additional Sessions Judge FTSC (POCSO), Korba (C.G.) whereby the learned court has granted anticipatory bail to the applicant then a settlement agreement was executed between the applicant. He also submits that the complainant is a divorcee and a major lady also mother of one child, which also goes to demonstrate that the victim was behind the applicant for want of money. 3 investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the the complainant is a divorcee and is a major lady also mother of one child and there was a love affair between the applicant and complainant since 2019, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jonty Adwin, 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) 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. 4 (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 vaishali