Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:26518
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 884 of 2025 Deena Kumar Sahu S/o Ramkumar Aged About 27 Years R/o Ajaad Chowk, Mangla Basti, Police Station Civil Line, District Bilaspur (C.G.)
... Applicant versus State Of Chhattisgarh Through Police Station Sirgitti, District Bilaspur (C.G.)
...Non-applicant For Applicant : Mr. Shashank Upadhyay, Advocate For Res/State : Mr. Hariom Rai, Panel Lawyer
Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 20.06.2025
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. 277/2025 registered at Police Station – Sirgitti, District- Bilaspur (C.G.) for the offence punishable under Section376(2)(n) of the IPC. 2. The prosecution's case is that the complainant/victim on 13.05.2025 made a written complaint at police Station Sirgitti, stating that, she is
2 working in beauty parlor, in the year 2019, she met with the present applicant and then they exchanged their mobile numbers. The victim and applicant started talking each-other and they were having love- affair. According to victim on 17.08.2019, applicant committed forcefully sexual intercourse on the pretext of marriage and till 14.02.2025 it was continuing and later on applicant refused to marry her and got engaged with another girl. On the basis of said complaint, the applicant was charged under Sections 376(2) of IPC in Crime No. 277/2025. 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 girl and she was having love affair with the present applicant since 2019. They have also established consensual physical relationship and as their relations could not be materialised, the victim lodged the FIR against the applicant. He also submits that the applicant is ready to furnish adequate surety and shall abode by all the directions and condition which may be imposed by this Hon’ble Court, hence, he 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 applicant on the pretext of marriage committed sexual intercourse with the victim, and thereafter, denied, 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 and circumstances of the case and also considering that the victim is a major girl, was having love affair with
3 the applicant since 2019 and they have made consensual physical relation during that period, 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 – Deena Kumar Sahu 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 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. 8. Certified copy, as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE amita
AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.21 15:23:11 +0530