1 2025:CGHC:2303 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 57 of 2025 Abhimanyu S/o Jagdish Mandal Aged About 22 Years R/o Ward No. 4, Bhawanipur, Post- Kanhaili, Gram Panchayat, Rewahi, Police Station Narpathganj, District Arariya, Bihar ... Applicant versus State of Chhattisgarh Through Police Station Ganj Raipur, District Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-Applicant/State : Mr. U.K.S. Chandel, Deputy Advocate General. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 14.01.2025 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. 350/2024 registered at Police Station – Ganj Raipur, District Raipur (C.G.) for the offence punishable under Sections 376(2)(n) and Section 506 of Indian Penal Code. 2 Prosecution case in brief, is that on 02.10.2024 the victim made a written complaint to the Police and the F.I.R was lodged inter-alia on the allegations that the victim who is a married woman with children was in a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 10:58:06 +0530 2 relationship with the applicant since March 2024. It has been alleged that, the applicant has committed forcible sexual intercourse on the pretext of marriage with her. It has further been alleged that the victim and the applicant were engaged in physical relationship for the first time on 11.03.2024 around 1 to 1:30 PM and then later on 11.05.2024, 19.05.2024 and 03.06.2024. It has been further alleged that despite of repeated requests, the applicant has refused to marry with the victim and has clicked her pictures and used them to blackmail her. The applicant has developed the relationship on the pretext of marriage. Accordingly, the FIR has been lodged. 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is submitted that the complainant is a major and married lady and having a child, the matrimonial dispute with her husband is still going on. The allegation of forcible sexual intercourse on the pretext of marriage are false and incorrect. In fact, the complainant was blackmailing the applicant and she used to threaten the applicant that she would viral her photographs on social Media. In the month of August 2024 a sum of Rs. 5,000/- was paid/transfer through UPI in the account of complainant. Overall 01 lac to 1,50,000/- has been paid to the complainant till August 2024 and when the applicant has failed to pay the further amount, the complaint has been lodged. It is also submitted that the applicant has no previous criminal antecedent. Hence, this anticipatory bail application is liable to be allowed. 4 On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further submitted that the applicant has committed forcible sexual intercourse with the victim on the pretext of marriage. Hence, this anticipatory bail application is liable to be rejected. 3 5 I have heard learned counsel for the parties and perused the case diary. 6 Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from perusal of the case diary, it transpires that the victim is married lady having a child and she was in a relationship with the applicant since March 2024, further the complainant was blackmailing the applicant and she used to threaten the applicant for false implication in a criminal case and used to demand the money and when the applicant has failed to pay the further amount, she filed the FIR against the applicant and further, she is the consenting party, hence, 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- Abhimanyu, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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/- Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti