1 2025:CGHC:22182 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 747 of 2025 1 - Aniket Kumar S/o Gopichand Kushwaha Aged About 24 Years Caste- Koeri, R/o Village- Jamai, Gram Panchayat, Parasdiha, Tahsil- Wadrafnagar, Police Station- Basantpur, District- Balrampur- Ramanujganj (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station- Gandhinagar (Dehat), Ambikapur, District- Surguja (C.G.) ... Non-Applicant For Applicant : Ms. Seema Verma, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Government Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 20.05.2025 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.161/2025 registered at Police Station- Gandhinagar (Dehat), Ambikapur, District - Surajpur (C.G.) for the offences punishable under Sections 366 & 376(2)(n) of the Indian Penal Code. BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.05.20 18:39:40 +0530 2 2. The prosecution story, in brief, is that on 06.03.2025, the prosecutrix lodged written report at Police Station, Gandhinagar alleging therein that on 24.03.2024 the applicant called the prosecutrix and took her in the room of his friend, where he committed sexual intercourse with her by giving false assurances of marriage. Thereafter the applicant has committed sexual intercourse with her on several times and ultimately he refused to marry her. On the basis of said report, the offences U/s 366 & 376(2)(n) of IPC have been registered against the applicant. Hence, this application. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim is a major lady and the present applicant and the victim were in a relationship and she was a consenting party. Therefore, she prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the victim, therefore he is not entitled 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 and from perusal of the statement of the victim recorded under Section 183 of the Bhartiya Nagarik Suraksha Sanhita, 2023, it appears that the victim 3 and the present applicant were in a consensual relationship and she was a consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Let applicant – Aniket Kumar involved in Crime No.161/2025 registered at Police Station- Gandhinagar (Dehat), Ambikapur, District - Surajpur (C.G.) for the offences punishable under Sections 366 & 376(2)(n) of the Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, 4 proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Bhumika