1 / 5 2025:CGHC:27787 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 907 of 2025 Rajendra Kumar Sahu S/o Santosh Sahu Aged About 28 Years R/o Vill. Bilari Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Station House Officer (S.H.O), Police Station Shivrinarayan, District Janjgir-Champa, Chhattisgarh. ...Non-applicant For Applicant : Mr. Balraj Gupta, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.06.2025 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.188/2025 registered at Police Station – Shivrinaryan, District -Janjgir-Champa (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code (for short I.P.C.). VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.25 19:50:22 +0530 2 / 5 2. That, as per the prosecution story, the Victim filed a report at Police Station Shivrinarayan stating that she met the applicant/accused Rajendra Sahu 2 years ago and after that they started meeting and liking each other and Rajendra Sahu said that he would marry her. It is further alleged that the applicant/accused forcibly had physical relations with the applicant by giving the false promise of marriage. On 10.04.2025, the matter was discussed between the families & it was decided that the marriage would be held on 24.04.2025 by the families of both and the applicant/accused refused by saying that he would do it any day. The applicant was living in the house of the applicant/accused since 10.05.2025 and on 20.05.2025, she was thrown out of the house by Rajendra Sahu. The victim herself has presented her written objection in the bail application of the applicant/accused. The crime alleged against the applicant/accused is not clear. and left. On this, a false report has been lodged against the applicant/accused, whereas the victim is married and mother of 03 children and is fully capable of thinking and understanding her own good and bad. In such circumstances, the allegation of deceiving the victim under the pretext of marriage is baseless. The applicant/accused is innocent. No crime has been committed by him. The matter of fact is that the accused has been deceived by the prosecutrix who had previously been married to another person with three children, and the fact was only revealed when the applicant Army person had come back to village and was seen by the other villagers with the prosecutrix. The applicant/accused is posted in the Indian Army & is a permanent resident of village-Bilari, police station- Shivrinarayan. Hence, there is no possibility of him absconding. As per 3 / 5 the applicant/accused, he has no previous criminal record and is not a previously convicted person. The applicant/accused is ready to abide by all the conditions imposed by the Hon'ble Court. Therefore, he prays for grant of anticipatory bail to the present applicant. 3. That, as per the prosecution story, the Victim filed a report at Police Station Shivrinarayan stating that she met the applicant/accused Rajendra Sahu 2 years ago and after that they started meeting and liking each other and Rajendra Sahu said that he would marry her. It is further alleged that the applicant/accused forcibly had physical relations with the applicant by giving the false promise of marriage. On 10.04.2025, the matter was discussed between the families & it was decided that the marriage would be held on 24.04.2025 by the families of both and the applicant/accused refused by saying that he would do it any day. The applicant was living in the house of the applicant/accused since 10.05.2025 and on 20.05.2025, she was thrown out of the house by Rajendra Sahu. The applicant/accused is posted in the Indian Army & is a permanent resident of village-Bilari, police station-Shivrinarayan. Hence, there is no possibility of him absconding. As per the applicant/accused, he has no previous criminal record and is not a previously convicted person. The applicant/accused is ready to abide by all the conditions imposed by the Hon'ble Court. Hence, he should be given the benefit of anticipatory bail. 4. 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 FIR lodged by the complainant was delayed by one year ten months and seventeen days which clearly demonstrates that was 4 / 5 falsely implicated in the present case. He further submits that the applicant/accused is an honest and dutiful soldier of Indian Army and the applicant/accused has respect in his native village, nearby areas and social field due to being a very reputed person, Therefore, he prays for grant of regular bail to the present applicant. 5. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the victim and assaulted her, therefore he is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and from perusal of the statement of the victim, it appears that the victim and the present applicant were in a consensual relationship and they established sexual relationship and thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. 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 – Rajendra 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 5 / 5 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 vaibhav