1 2025:CGHC:34919 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1071 of 2025 • Syed Abdul Aziz S/o Late Abdul Nazir Aged About 37 Years R/o Santoshi Ward, Jagdalpur, District- Bastar (C.G.) ... Applicant versus • State Of Chhattisgarh Through - Police Station Bodhghat District- Bastar (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Pravin Kumar Tulsiyan, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.212/2025 registered at Police Station – Bodhghat, District – Bastar (C.G.) for the offence punishable under Section 64 of BNS. 2. The prosecution story, in brief, is that on 08.05.2025, alleging that she became acquainted with the present applicant on 20.07.2019, shen she had taken her husband to him for treatment related Erectile Dysfunction. Although the medical treatment continued for approximately three months and subsequently ceased, the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 13:00:10 +0530 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 13:00:36 +0530 2 complainant and the applicant remained in regular contact and developed a personal relationship. It is alleged that, on the false pretext and promise of marriage, the applicant established a physical relationship with the prosecutrix, which continued intermittently until 23.11.2024. 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 submitted that the prosecutrix is a major lady and also mother of one12 years old child and she was in relationship with present applicant since long back. He also submits that prosecutrix is a consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case and but as per statement recorded by the prosecutrix under Section 182 of BNS, she is a mother of one child and also was in contact with the present applicant since long back and applicant and prosecutrix were in relationship. 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 leveled against the applicant, and from the perusal of the case diary it transpires that the prosecutrix is a major lady and as per the statement recorded by the victim under Section 182 of BNS, she was in contact with the present applicant and they were in relationship, at this stage without expressing any opinion on 3 merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Syed Abdul Aziz on executing a personal bond with 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali