Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 22022 (CHH)

TOMAN DAS SAHU v. STATE OF CHHATTISGARH

MCRCA/694/2025 · 2025-05-08

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:21677 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 694 of 2025 1 - Toman Das Sahu S/o Sh. Vishnu Das Sahu Aged About 40 Years At- Old Colony, Hanuman Chowk, Ward 12, Bhilai, Tehsil And District Durg (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer P/s Supela Bhilai, Out Post Smriti Nagar, District Durg, C.G. ... Non-applicant For Applicant : Mr. Lukesh Mishra, Advocate For State : Ms. Monika Thakur, 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.473/2025 registered at Police Station – Supela Bhilai, District- Out Post Smriti Nagar District – Durg (C.G.) for the offences punishable under Section 376(2)(n) of the IPC. 2. Case of the prosecution, in brief, is that the prosecutrix being mature lady lodged a written complaint before the concerned police station stating that she was having consensual VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:24:58 +0530 2 extramarital with the applicant who was already married since the year 2020. 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 prosecutrix is a major lady and there is 5 year long relationship between the prosecutrix and 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. 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 that the prosecutrix is a major lady and there is 5 year long relationship between the prosecutrix and the applicant, 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 – Toman Das Sahu 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 3 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