1 / 4 2025:CGHC:27786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 908 of 2025 Shivprasad Rajwade S/o Shri Nandu Ram Rajwade Aged About 36 Years Occupation - Agriculture, Caste - Rajwar, R/o Village Bakirma, P.S. & Tehsil - Premnagar, District Surajpur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Premnagar, District - Surajpur, Chhattisgarh ... Non-applicant For Applicant : Mr. Chandresh Shrivastava, Advocate. For Non-applicant/State : Ms. Ankita Shukla, 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.59/2025 registered at Police Station – Premnagar, District -Surajpur (C.G.) for the offence punishable under Section 376(2)(n) and 506 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 / 4 2. As per prosecution case, it is alleged by the complainant that the applicant has on the pretext of marriage sexually exploited her for several months and on 23.08.2019 got married to some other girl. On complaint being made and intervention of villagers the applicant married the complainant in police station and took her to his home where they remained for one month and thereafter the applicant went to Raipur in search of some job but switched off his mobile. The complainant accordingly again went to her parental home and after return of applicant when she came to his house he misbehaved in filthy language and thrown out of his house. It came to knowledge that the applicant had solemnized second marriage and is residing with her, the complaint was made on 05.05.2025 by complainant and an FIR was registered. 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 as per the case of complainant herself the marriage of the applicant with the complainant took place on 23.08.2019, thus the complaint filed by the complainant for the offence punishable under Section 376(2)(n) is not maintainable. He further submits that the instant case the complained has been filed only with an intention to harass the present applicant and the entire story as projected by the prosecution is a concocted story for framing the applicant in a criminal matter and further submits that the allegation is prima faice evident from the fact that the complainant has filed complaint after 6 years gap, 3 / 4 Therefore, he prays for grant of anticipatory bail to the present 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 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. 5. I have heard learned counsel for the parties and perused the case diary. 6. 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. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shivprasad Rajwade, 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 4 / 4 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 vaibhav