1 2025:CGHC:6124 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 50 of 2025 Dilip Kumar Yadav S/o Jageshwar Yadav Aged About 21 Years R/o Village- Mudapara, Karanga Bahla, Tahsil-Patthalgaon, District- Jashpur C.G. ... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, Police Station- Patthalgaon, District – Jashpur, C.G. ... Non-applicant For Applicant : Mr. Ajeet Kumar Yadav, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 67/2024 registered at Police Station – Patthalgaon, District – Jashpur (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code (In short, IPC) and Section 6 of the POCSO, and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. 2. The prosecution story, in brief, is that on 20.03.2024, the victim lodged report at Police Station concerned alleging inter alia that since RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 14.02.2020 the applicant has committed sexual intercourse with her on the pretext of marriage, but later on the applicant refused the marry her. On the basis of the said report, the offences have been registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is aged about 20 years old girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR after the delay of 4 years and she is the consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector opposes the bail application and submits that from the perusal of the case diary, it transpires that since 14.02.2020 the applicant has committed sexual intercourse with the victim on the pretext of marriage, but later on the applicant refused the marry her. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. It has been informed by the learned State counsel that the notice has already been served to the victim, but inspite of the said fact, neither she has appeared in person nor through any counsel to contest the matter. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case-diary, it transpires that the victim is aged about 20 years old girl and 3 there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR after the delay of 4 years and she is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dilip Kumar Yadav on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 their adhaar card alongwith a colored 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar