1 2025:CGHC:28153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 912 of 2025 Nitesh Ratnesh S/o Shri Ghasiram Ratnesh Aged About 28 Years R/o House No. 68, Kanha Chowk, Ward No. 6, Chakarda, Police Station Sarsiwa, District Sarangarh Bhilaigarh Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station Sarsiwa, District Sarangarh Bilaigarh Chhattisgarh. ... Non-applicant For Applicant : Mr. Hemant Kesharwani, Advocate For Res/State : Mr. Saumya Rai, Panel Lawyer For Res./Objector : Ms. Soniya Sahu, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.06.2025 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. 143 of 2025 registered at Police Station – Sarsiwa, District- Sarangarh- Bhilaigarh (C.G.) for the offence punishable under Section 376 of the IPC. 2 2. The prosecution's case is that the victim lodged the report on May, 2025 against the present applicant stating that, the complainant/victim and present applicant were major, since November, 2022 the present applicant develop physical relation on pretext of marriage, making false promise, thereafter the present applicant dined to marry with her. 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 and they have also established consensual physical relationship for two years. He would also submit that they were stayed together as husband and wife at earlier point of time 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 committed sexual intercourse with the victim on the pretext of marriage but thereafter denied the same, therefore, he is not entitled for grant of anticipatory bail. 5. Ms. Sahu, learned counsel appearing for the objector raised objection for grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the facts and circumstances of the case and also considering that the victim is a major girl, was having love affair with the applicant and they have made consensual physical relation, therefore, without further 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 – Nitesh Ratnesh 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. 9. Certified copy, as per rules. Sd/- (Ramesh Sinha) CHIEF JUSTICE amita AMITA DUBEY Digitally signed by AMITA DUBEY Date: 2025.06.28 21:17:12 +0530