1 / 3 2025:CGHC:32136 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 898 of 2025 Amrit Banjare S/o Mohan Banjare Aged About 26 Years R/o Village Gadfuljhar, P.S. Basna, District Mahasamund (C.G.), (Age Not Mentioned In Impugned Order) ...Applicant versus State Of Chhattisgarh Through Police Station Sankra, District Mahasamund (C.G.) ... Non-applicant For Applicant : Mr. Shubhank Tiwari , Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 10.07.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.184/2023, registered at Police Station – Sankra District – Mahasamund (C.G.) for the alleged commission of offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 4 and 6 of the Protection of Children From Sexual Offences Act 2012. 2. As per the case of prosecution, the Father of the Victim has lodged the report stating that someone has allured his daughter and took her to some other place. On 04.11.2023 after having dinner, the victim went to VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.11 15:52:31 +0530 2 / 3 sleep with her Grand Mother. On the next day i.e. 05.11.2023 when he wake up at 3 A.M. he did not found her. After due search, when her whereabouts could not be traced out, the F.I.R. was lodged on 08.11.2023 under Section 363 of Indian Penal Code, 1860. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, he has not committed any offence punishable with death or life imprisonment and has been falsely implicated in the present case. It is an admitted fact that the applicant and the victim were legally married on 06.06.2023 and lived together thereafter. Being innocent, the applicant, along with the victim, worked in cities like Raipur and Hyderabad to earn a livelihood, a fact known to both families. The police, without any concrete evidence, are exerting undue pressure on the applicant's family despite the completion of investigation and filing of the charge sheet, making custodial interrogation unnecessary. The applicant, a law-abiding citizen with no criminal history, contends that the FIR was lodged as an afterthought by the victim's father following marital discord, wherein the applicant sent the victim to her maternal home and declined to continue the relationship. He asserts that jail custody would severely affect his mental and physical health and social standing. The matter has now been amicably resolved, with both parties ready to resume marital life, and affidavits to that effect have been submitted by the victim’s parents. Notably, the victim’s statement under Section 164 CrPC has not yet been recorded, reflecting a lack of genuine prosecutorial intent. The applicant is ready to comply with all court conditions, has no intention to abscond, and reserves the right to raise further grounds at the time of hearing. 3 / 3 4. On the other hand, learned State counsel opposes the submission made by the learned counsel for the applicant and submits that the 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 nature and gravity of the offence, the material available on record in the case diary, and the specific allegation that, although the victim is stated to be a minor aged about 16 years, she has alleged that the applicant eloped with her, took her to Hyderabad, and kept her there for a period of four months during which she discovered that the applicant was already a married person, and further taking into account that the charge sheet has already been filed, I am of the considered opinion that this is not a fit case for grant of anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicant – Amrit Banjare, involved in Crime No. 184/2023, registered at Police Station – Sankra District – Mahasamund (C.G.) for the alleged commission of offence punishable under Sections 363, 366, 376(2)(n) of the Indian Penal Code and Section 4 and 6 of the Protection of Children From Sexual Offences Act 2012, is rejected. Sd/- (Ramesh Sinha) Chief Justice vaibhav