Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20269
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 636 of 2025 1 - Bipin Chandra Pal S/o Baburam Pal Aged About 24 Years R/o Village Haraiya, Podi, P.O. Naugai, P.S. Baidhan And Tehsil Singrauli, District Singrauli (M.P.).
... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Highway Police Chowki Nagpur, Police Station, Podi, District M C B Chhattisgarh.
... Non-applicant For Applicant : Mr. Shakti Raj Sinha, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 02/05/2025
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.18/2025 registered at Police Station – Podi, District- MCB (C.G.) for the offences punishable under Sections 64 of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.03 11:35:24 +0530
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Brief facts of the case are that on the basis of written complaint of the victim, a crime has been registered against the applicant under Section 64 of BNS according to the case diary, the victim has lodged a written report that in the year 2019, she got acquainted with the applicant through relatives and both of them started talking through phone. On 20.02.2025, the applicant came to the marriage in the neighbourhood of the victim’s house and at around 2:00 in the night, he forcibly raped her by luring her with marriage. On the basis of the written complaint of the victim, a crime has been registered against the applicant.
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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the complainant and applicant was in love relationship since the year 2019 and prior to the lodging of the FIR, the applicant and his family were subjected to pressure by the complainant and her relatives to marry the complainant against his will, upon refusal, threats were made to implicate the applicant in a criminal case. He also submits that there is not any medical examination or any immediate medical report corroborating the alleged offence and there is a delay in lodging the FIR against the applicant, 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. 3
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 there is adelay in lodging FIR against the applicant and he has no previous criminal antecedents and 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 – Bipin Chandra Pal 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. (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
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(e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice vaishali