1 2025:CGHC:24683 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 861 of 2025 1 - Amit Kumar Tirkey S/o Isak Tirkey Aged About 28 Years R/o Village Patpariya, Ward No. 11, Ambikapur, District Sarguja, Chhattisgarh. ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Jashpur, District Jashpur, Chhattisgarh. ... Respondent For Applicant : Mr. Vedant Shadangi, Advocate For Respondent/State : Mr. Shashank Thakur, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.06.2025 1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 114/2025 registered at Police Station – Jashpur, District – Jashpur (C.G.) for the offence punishable under Sections 69 of BNS. 2. The prosecution story, in brief, is that the victim had alleged 2 that it is for the purpose of medical check-up of her daughter the victim had visited the applicant and both of them exchanged their phone numbers and thereafter had started their phone numbers and thereafter they had started their conversation and later on the pretext of marriage the applicant had established physical relation with the victim from 17.11.2024 to 25.03.2025 and even after refusing had established physical relation, hence, he is also liable for action. 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 by learned counsel for the applicant is that the present applicant and the prosecutrix were in a relationship and she was a consenting party. He further submits that victim is a married woman and having 2 children and is currently living with her husband. Therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State would oppose the bail application of the applicant and submits that on the pretext of marriage applicant committed sexual intercourse with the prosecutrix, 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 looking to the fact that, it appears that the prosecutrix and the present applicant were in a consensual relationship and she was a 3 consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amit Kumar Tirkey 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 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali