Extracted from the PDF above. The PDF is authoritative.
{M.Cr.C.(A)No.710/2025}
2025:CGHC:22008
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 710 of 2025 Mukesh Sidar, S/o Dokari Prasad Sidar, Aged about 25 years, R/o Behind Poultry Farm, Raigarh, Police Station Chkradharnagar, Tahsil and District Raigarh (C.G.)
... Applicant versus State of Chhattisgarh, Through SHO, P.S. Chakradharnagar, District Raigarh (C.G.)
... Non-applicant For Applicant : Mr. Anup Majumdar and Mr. Bhuvneshwar Singh Rajput, Advocates. For Non-applicant : Mr. Ajay Kumar Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13.05.2025
1. The applicant has preferred this anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.91/2025, registered at Police Station Chakradharnagar, District Raigarh (C.G.) for alleged commission of offence punishable under Section 69 of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story in brief, the prosecutrix/complainant, who is the distant relative of the applicant, has become acquainted with the applicant in a family function and thereafter, they both used to talk to each other over mobile phone and the applicant told the victim that he loves her and wants to marry her SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.05.14 14:10:03 +0530
{M.Cr.C.(A)No.710/2025} pursuant to which on the assurance of marriage, the applicant had developed physical relationship with the prosecutrix, however, on 6-2-2025, when the prosecutrix asked the applicant to marry her, the applicant refused and stopped talking with her. Thereafter, the prosecutrix made a written complaint on 4-3- 2025 in the police station which lead to registration of offence against the applicant. Hence, this application. 3. Learned counsel for the applicant has argued that the applicant is completely innocent and further submitted that no single evidence has been collected by the prosecution which shows that the applicant is involved in the offence. He further submits that as per the statement of the victim/prosecutrix recorded under Section 183 of the BNSS, she is major and she was known to the applicant for last three years and they were having relationship and the applicant had developed physical relationship with her and when she became pregnant, it is alleged that some medicines were also given to her and thereafter, the applicant refused to marry her. Therefore, the applicant is entitled for grant of bail. 4.
On the other hand, learned State counsel opposes the bail application and submits that the applicant under pretext of marriage has developed physical relationship with the victim and when she became pregnant, she refused to marry her and therefore he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. Page 3 of 3 {M.Cr.C.(A)No.710/2025}
6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and also considering that charge-sheet has not been filed and further considering that the applicant is having relationship with the victim almost for last three years, at this stage, without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mukesh Sidar 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) 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 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/-/-d/- (Ramesh Sinha) CHIEF JUSTICE Soma