1 2025:CGHC:34242 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 917 of 2025 Prahalad Kashyap S/o Kaleshwar Kashyap Aged About 21 Years R/o Village Munund, P.S.- Janjgir, District Janjgir-Champa, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Janjgir, District Janjgir-Champa (C.G.) ... Non-applicant For Applicant : Mr. Aishwarya Kumar Dubey, Advocate. For Non-applicant/State : Mr. Soumya Rai, Panel Lawyer. For Objector : Mr. Rohan Kumbhare, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.07.2025 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. 428/2025 registered at Police Station – Janjgir District – Janjgir-champa (C.G.) for the offence punishable under Section 332(B), 64(2)(m), 65(1)of BNS and Section 6 Protection of Children from Sexual Offences Act (POCSO Act.). VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.21 11:04:02 +0530 2 2. The prosecution's story in brief is that the Prosecutrix was in school and Applicant approached him and fell in love he forced her for sexual relations for which she denied stating they should get married first and he assured her to get married he committed rape multiple times and denied for marriage later. In reality Prosecutrix and Applicant had their marriage fixed in an arrange marriage setup. They both belonged to the same caste. But due to family's ideological differences, the marriage could not take place. For which the victim's family also held 2-3 meetings with the intention of creating social pressure. In the said meeting, they threatened him, that if you do not marry her, you will be implicated in a serious case and now they have filed a fake case under serious offences. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. The applicant contends that no prima facie case has been made against him, asserting his innocence and claiming false implication. He argues that, even accepting the prosecution’s account, the prosecutrix voluntarily provided her contact number and accompanied him, with the medical report showing no signs of forced intercourse or injury. He asserts that the prosecution has not established her age beyond reasonable doubt —an essential requirement under the POCSO Act—and emphasizes that evidence, including call records and social media, indicates a consensual relationship without force, coercion, or deceit. The applicant alleges the case is motivated by the prosecutrix’s family’s vindictiveness aimed at harassment, thus violating his right to personal liberty under Article 21 and the principle of equality under Article 14, as established by the Supreme Court. He highlights his status as a 3 student with a bright future, a first-time offender with no criminal record, and someone unlikely to abscond or tamper with evidence. He undertakes to cooperate fully with the trial, accept stringent conditions —including avoiding contact with the prosecutrix—and offer adequate surety. Furthermore, he notes his permanent ties to his village in Janjgir district and he is jail since 26.05.2025 Therefore, 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 5. Learned counsel appearing for the objector has no objection to release the applicant on bail. 6. I have heard learned counsel for the parties, and perused the case diary. 7. Considering the facts & circumstances of the case and the nature of allegation against the applicant and that no objection raised by the victim/complainant, Therefore, without commenting anything on merits, 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 – Prahalad Kashyap, 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. 4 (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. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav