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2025 DAILYLAW 20761 (CHH)

KASHI RAM RATRE v. STATE OF CHHATTISGARH

MCRCA/652/2025 · 2025-05-07

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Judgment text

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1 2025:CGHC:21498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 652 of 2025 Kashi Ram Ratre S/o Late Badri Prasad Ratre Aged About 45 Years R/o Guru Ghasidas Nagar Ward Number 9 Bilaspur Chhattisgarh Wrongly Mentioned In Order Sheet As Kashi Ram Ratre, S/o Late Badr Prasad Ratre, Aged About 45 Years, R/o Guru Ghasidas Nagar Ward No. 9, Bilaspur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Sirgitti, District Bilaspur, Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Arjit Tiwari, Advocate. For Respondent(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.05.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.185/2025 registered at Police Station Sirgitti, District Bilaspur (C.G.) for the offence punishable under Sections 64(2)(m), 351(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that the complainant has lodged a written complaint against the applicant, alleging therein that the applicant had established physical relationship with her on multiple occasion on the pretext of marriage and has further allured Rs.50,000/- from her. Thereafter, aforementioned offence has been registered against the applicant. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the case. He further submits that victim is a major girl, they were acquainted to each other since 2022, there was consensual relationship between the applicant and victim and when their relationship could not be materialized, victim lodged present FIR against the applicant to harass him, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant had established physical relationship with her on multiple occasion on the pretext of marriage and has further allured Rs.50,000/- from her, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to have established physical relationship with her on 3 multiple occasion on the pretext of marriage and has further allured Rs.50,000/- from her, but victim is major girl and she was the consenting party, they were in relationship since 2022 and when their relationship could not be materialized, the present FIR has been lodged by the victim against applicant to harass him, as such, without further commenting anything on merits, this Court find it appropriate 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 - Kashi Ram Ratre, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil