1 / 4 2025:CGHC:29117 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 843 of 2025 Hemant Kumar Sen S/o Rajesh Sen Aged About 25 Years R/o Pachri Para, Durg, P.S.- City Kotwali, Durg, Tahsil And District Durg (C.G.) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station City Kotwali, Durg, District Durg (C.G.) ...Non-applicant For Applicant : Mr. Tarun Dansena, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.06.2025 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.640/2022 registered at Police Station – City Kotwali, Durg, District - Durg (C.G.) for the offence punishable under Section 376(2)(n) & 376(3)of the Indian Penal Code (for short I.P.C.) and Section 4, 6 of the Protection of the Children from sexual Offences Act. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.01 18:13:07 +0530 2 / 4 2. That, the case of the prosecution in brief is that the prosecutrix lodged a report in Police Station City Kotwali, Durg alleging inter alia that the present applicant has committed sexual intercourse against her will on year 2021 to April 2022 on the pretext of marriage. It is further alleged that the present applicant has continue committed sexual intercourse with her. On the report of the complainant/prosecutrix an offence bearing Crime No. 640/2022 under section 376(2) (N), 376(3) of I.P.C. and 4, 6 of the Protection of the Children from Sexual Offences Act has been registered against the present applicant and matter is being investigated by the police of Police Station City Kotwali, Durg, District - Durg (C.G.).. 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 complainant is a major and the present applicant is only friend due to study in same college but he has neither committed any offence nor having any such kind of relationship with her. He further submits that prosecutrix is highly improbable that a major who is well educated has been sexually exploited since such long period on the false pretext of marriage. He further submits that the victim has attained majority and got married. Therefore the no objection along with the affidavit of the trial court has been submitted on the anticipatory bail application of the victim and it has been attached herewith Annexure -2. Therefore, he prays for grant of anticipatory bail to the present 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 3 / 4 intercourse with the victim and assaulted her, therefore he is not entitled for grant of anticipatory bail. 5. Victim/prosecutrix appeared before this Court and raised no objection for release of the applicant on anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case, and upon perusal of the victim's statement, it appears that the victim and the applicant were known to each other, and that she voluntarily eloped with the applicant for the purpose of marriage. They were in a consensual relationship, and no objection has been raised by the prosecutrix to the grant of bail to the applicant. Therefore, without commenting on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Hemant Kumar Sen, 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) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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 4 / 4 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav