Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21675
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 698 of 2025 1 - Dhan Singh S/o Buddhu Singh Aged About 48 Years R/o Village Nawapara Kala, Police Station Premnagar, District Surajpur (C.G.)
... Applicant versus 1 - State of Chhattisgarh Through The Station House Officer, Police Of Police Station Premnagar, District Surajpur (C.G.)
... Non-applicant For Applicant : Mr. Anil Gulati, Advocate For State : Ms. Ankita Shukla, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 09/05/2025
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.47/2025 registered at Police Station – Premnagar, District-Surajpur (C.G.) for the offences punishable under Sections 64, 140(3) & 127(2) of BNS.
2. Case of the prosecution, in brief, is that on 11.04.2025 at about 2:00 AM (in the night) the applicant took the victim to village VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:24:58 +0530
2 Khangawan on his motorcycle and threatened her and established physical relationship with victim against her will and husband of the victim brought her back and thereafter the victim lodged the report against the applicant.
3.
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 victim and applicant is having affair and at about 2:00 AM (in the night), the victim voluntarily accompanied the applicant and went alongwith him. He also submits that there is a delay in lodging the FIR and report was lodged by the victim under the pressure of her husband as the husband came to know about the relationship of applicant as well as victim, 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 victim and applicant is having affair and at about 2:00 AM (in the night), the victim voluntarily accompanied the applicant and went alongwith him, there is a delay in lodging the FIR investigation and trial are
3 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 – Dhan Singh 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/- (Ramesh Sinha)
Chief Justice vaishali