1 2025:CGHC:30573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 969 of 2025 Shahadt Khan S/o Samsher Khan Aged About 35 Years R/o Bazarpara Asulkhar, Police Station Bhanupratappur, District North Bastar Kanker (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Station Bhanupratappur, District North Bastar Kanker (C.G.) ... Non-applicant For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 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. 78/2025 registered at Police Station – Bhanupratappur, District – North Bastar Kanker (C.G.) for the offence punishable under Section 376 (2)(n) and 506 of the Indian Penal Code (for short IPC). 2. As per the prosecution story, the victim lodged a report stating that in the month of April 2022, the applicant entered her house and ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 14:50:14 +0530 2 forcibly committed sexual intercourse with her and recorded a video on his mobile phone. By threatening to make the video viral, he continued to have sexual relations with her until 08.10.2022. On this basis, a crime was registered against the applicant for offences under Sections 376(2)(n) and 506 of the Indian Penal Code, and the matter is under investigation. 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 married woman who was having a love affair with the applicant, and when he refused, she lodged a false report. He also submits that there is a three-and-a-half-month delay in lodging the report, which appears to be premeditated, and there is no sufficient reason given in the report. He further submits that, prior to four years ago, the applicant's brother had left the victim due to their marital issues, and therefore, she lodged the false report with malicious intention. 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 and submits that the applicant entered the complainant’s house and forcibly committed sexual intercourse with her and recorded a video on his mobile phone, by threatening to make the video viral, he continued to have sexual relations with her until 08.10.2022, therefore the applicant is not entitled for grant of anticipatory bail. 3 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, as the present FIR has been filed against the applicant with a delay of more than three years, 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 – Shahadt Khan, 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek