1 2025:CGHC:21674 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 699 of 2025 1 - Kishan Sao S/o Basant Sao Aged About 30 Years R/o Village Jagdishpur, P.S. Basna, District Mahasamund Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station City Kotwali, Raipur, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. C.R. Sahu, 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.61/2025 registered at Police Station – City Kotwali, District- Raipur (C.G.) for the offences punishable under Sections 64(2)(m), 115(2) of BNS. 2. Case of the prosecution, in brief, is that the complainant/victim has made complaint to the concerned police station alleging VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:24:57 +0530 2 that the victim was well known to the applicant at the time of marriage of her uncle prior to 9 years ago, since then she was love affairs with the applicant and the applicant has committed sexual intercourse with her at several places in several times on pretext of marriage. Based upon the such complaint, the police station has registered the offences under section 64 (2) (m), 115 (2) of B.N.S. 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 prosecutrix is aged about 30 years and she was in love affair with the present applicant and she did not raised objection against the commission of alleged offence during course of incident, 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 prosecutrix is aged about 30 years and she was in love affair with the present applicant and she did not raised objection against the commission of alleged offence during course of incident,, investigation and trial 3 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 – Kishan Sao 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