1 2025:CGHC:19978 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 612 of 2025 Durgesh Ratre S/o Jodhan Ratre Aged About 43 Years R/o Lachkera, Fingeshwar, Police Station - Fingeshwar, District - Gariyaband Chhattisgarh … Applicant versus State of Chhattisgarh Though The Station House OfÏcer, Police Station - Fingeshwar, District - Gariyaband Chhattisgarh ... Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, 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 his arrest in connection with Crime No. 84/2025 registered at Police Station – Fingeshwar, District – Gariyaband (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that on 01.04.2025, the victim lodged a written report at Fingeshwar Police Station, alleging that she had met the applicant through phone in 2020 and developed a friendly relationship with him. On 01.01.2021, on the occasion of New Year's ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.05.02 12:53:58 +0530 2 Day, the victim the applicant's village, Lachkera, where he allegedly committed sexual intercourse with her against her will under the promise of marriage. Thereafter, the applicant kept the victim in a rental house at Siddharth Chowk, Raipur, where he would regularly visit and commit sexual intercourse with her until 08.03.2025. Subsequently, the applicant refused to marry her. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that the applicant and the victim met in 2020 through phone and developed a friendly relationship. At that time, the victim’s husband was alive, making the allegation of sexual intercourse under the promise of marriage implausible. Later, the victim’s husband passed away, and she is now a widow. He also submits that the victim is a well-educated, major, and was a 40-year-old married woman at the time. Considering her conduct, it is evident that she was a willing and consenting party. Therefore, the alleged offense under Section 69 of the Bharatiya Nyaya Sanhita does not stand against the applicant, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the applicant engaged in sexual intercourse with the victim under the pretext of marriage and thereafter, denied, therefore he is not entitled 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 and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it 3 appears that the applicant and the victim both are married, and the victim was aware of this fact, furthermore, the applicant and the victim were in a consensual love relationship, and she was a consenting party, therefore, without further commenting anything on merits, I am inclined 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 – Durgesh Ratre, 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) 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 Abhishek