1 2025:CGHC:34254 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1058 of 2025 Ashirvad Kumar Prince S/o Jitendra Singh, Aged About 31 Years R/o Rohtas, Sasaram, Vikramganj, District Rohtas (Bihar) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Out Post- Manikpur, Police Station- Kotwali Korba, District Korba (Chhattisgarh) ... Respondent For Applicant : Shri Dharmesh Shrivastava, Advocate. For Respondent/State : Ms. Vaishali Mahilong, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18/07/2025 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 Crime No.383/2025 (wrongly mentioned as 385/25 in the order-sheet) registered at Police Station – Kotwali Korba, Out Post -Manikpur, District - Korba for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.21 17:19:03 +0530 2 2. Case of the prosecution, in brief, is that the complainant lodged a report at Out Post Manikpur alleging inter-alia that she lives in Ravishankar Nagar under Out Post Manikpur with her four years daughter. It was further stated that she is living separately from her husband due to their ideological differences. It is alleged that the present applicant made physical relationship with her on pretext of marriage. It is alleged that the applicant after knowing the fact that the complainant/prosecutrix is residing separately from her husband due to some differences and also having a little child aged about 4 years, promised her to marry and also promised to adopt her baby. It is alleged that the present applicant came to Korba and got check-in at Hotel Sunaliya and thereafter came to the rented house of the complainant and made forcibly sexual intercourse, then the prosecutrix told that she will lodge a report against him and then the present applicant promised her to marry. It is further alleged that since November 2023 to 25.05.2025, the present applicant made physical relationship with her on false pretext of marriage and during this period she became pregnant three times and all the pregnancies were aborted by medicine by the present applicant. On the basis of report lodged by the prosecutrix, the police of Out Post – Manikpur lodged a report which was subsequently registered in Police Station Kotwali Korba which is an offence bearing Crime No. 383/2025 for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and he has not committed any offence. He would submit that relationship was developed between them with the consent of both the 3 parties. He would further submit that the allegation that on the pretext of marriage she was sexually exploited by the present applicant since last about two years which seems to be false and baseless as the prosecutrix/complainant is already a married lady and having a little child and till today she has not taken divorce from her husband. 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, nature and gravity of offence, also considering the fact that the complainant is a major lady having child and also the fact that the applicant and complainant were known to each other since 2023 and they developed physical relationship and after two years the FIR has been registered in 2025, 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 – Ashirvad Kumar Prince, 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 4 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 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