1 2025:CGHC:21085 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 663 of 2025 1 - Prakash Chandrakar S/o Jwala Prasad Chandrakar Aged About 29 Years R/o Kamroud Tah. Kurud, District Dhamtari, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through D.M. Balod, Through, P.S. Gundardehi, District Balod, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Singh, Advocate For State : Ms. Shubha Shirvastva, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 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.94/2025 registered at Police Station – Gundardehi , District-Balod for the offences punishable under Sections 69 of BNS, 2023. 2. Case of the prosecution, in brief, is that that, the complainant came to police station Gundardehi and submitted a written complaint to the effect that on 14.06.2022 at 3:30 PM and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:05 +0530 2 09.12.2024 10:30 at PM, the applicant in the complainant's rented house at village Khunteri Rang physically assaulted her and threatened to kill her. Further, it has been alleged that the applicant from 2022-2024 under the threat of killing the complainant established physical relations with her. It is also alleged that he used to get drunk and establish physical relations with the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in the present case. He would submit that the complainant is a highly qualified and is a teacher at KPS, Dundardehi, It is highly improbable fo an educated lady such as herself to not raise any complaint for three years for the alleged acts by the applicant. He also submits that the there is consensual relations between the applicant and prosecutrix and there is a delay of 4 years in lodging the FIR, 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 there is consensual relations between the applicant and prosecutrix and there is a 3 delay of 4 years in lodging the FIR, 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 – Prakash Chnadrakar 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 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/- Sd/- (Ramesh Sinha) Chief Justice vaishali