1 2025:CGHC:5644 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 60 of 2025 Nivan Yadav S/o Vinod Kumar Yadav Aged About 20 Years Caste- Ahir, R/o Village - Kotrahi, P.S.- Basantpur, Tahsil- Wadrafnagar, District- Balrampur- Ramanujganj, C.G., Present Address- Gandhinagar, P.S.- Gandhinagar, Tahsil- Ambikapur, District- Surguja, C.G. Note- P.S. Name Is Wrongly Mentioned In Impugned Order In Permanent Address Of Cause Title. ... Petitioner(s) versus State of Chhattisgarh Through - Police Station- Gandhinagar, Ambikapur, District- Surguja, C.G. ... Non-Applicant For Applicant : Mr. Navneet Kumar Yadav, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/01/2025 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. 569/2024, registered at Police Station – Gandhinagar, Ambikapur, District- Surguja (C.G.) for the offence punishable under Sections 351/2 and 78 of Bharatiya Nyaya Sanhita, 2023 and Section 8 of POCSO Act. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.31 10:53:34 +0530 2 2. The prosecution story, in brief, is that the father of the victim has lodged FIR before the Police Station, Gandhinagar, Ambikapur alleging that the applicant followed his daughter, attempted to abduct her and threatened her. There is no allegation regarding assaulted against the applicant. Thereafter, the Police registered a case as a Crime No. 569/2024 for the offence punishable under Sections 351/2 and 78 of BNS, 2023 and Section 8 of POCSO Act. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there is love affair between the victim and the applicant. Due to which the applicant was assaulted by the uncle of the victim and other person and false FIR has been registered against the applicant. Further, the applicant has no previous criminal antecedents. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. It is further submitted that the applicant followed his daughter, attempted to abduct her and threatened her. Hence, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from the perusal of the statement of the victim recorded under Section 164 of Cr.P.C., it transpires that the name of the applicant by her on the basis of suspicion thereafter, FIR was lodged by the father of the victim against the 3 applicant, and the applicant has also filed the FIR against the uncle of the victim, further the applicant has no previous criminal antecedents, this Court deems it appropriate to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Nivan Yadav, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 his 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 her 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 herself in any offence of similar nature in future. Sd/- d/- (Ramesh Sinha) CHIEF JUSTICE Preeti