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2025 DAILYLAW 31996 (CHH)

ROSHAN KUMAR SON v. STATE OF CHHATTISGARH

MCRCA/958/2025 · 2025-07-06

body2025

Judgment text

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1 2025:CGHC:31068 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 958 of 2025 Roshan Kumar Son S/o Asharam Son, Aged About 23 Years Caste Dhobi, Occupation Student D-Pharmacy, R/o Village Barapeeper Ward No. 11, P.S. And Tahsil Dabhra, District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S. Dabhra, District Sakti (C.G.) ... Respondent For Applicant : Shri Shubham Agrawal, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 07/07/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.08 16:35:33 +0530 2 Crime No.160/2025 registered at Police Station – Dabhra, District Sakti (C.G.) for the offence punishable under Section 69 of B.N.S. 2. Case of the prosecution, in brief, is that the prosecutrix has lodged the written complaint at police station Dabhra stating that the applicant has promised to marry with her and the physical relation has been done between 12.05.25 to 15.05.25 and after physical relation the applicant has denied for marriage, therefore the crime has been registered against the applicant. On this complaint of prosecutrix, the police has registered the crime vide Crime No.160/2025 U/S 69 of B.N.S.. Hence this bail application. 3. It has been argued by learned counsel for the applicant that the victim is a major girl aged about 20 years and from her statement recorded under Section 183 of BNS it is apparent that she had an affair with the applicant and they both have established consensual relationship and the relationship could not materialize, applicant refused to marry her, therefore she lodged the present FIR. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer 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, considering the fact that victim is a major girl and from her statement recorded 3 under Section 183 of BNS it is apparent that she had an affair with the applicant and they both have established consensual relationship and the relationship could not materialize, applicant refused to marry her, therefore she lodged the present FIR and also considering the fact that investigation and trial are likely to take time, therefore, I am inclined 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 – Roshan Kumar Son, 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) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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 4 photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri