1 2025:CGHC:35457 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1081 of 2025 Mahendra Pal S/o Keshav Pal Aged About 23 Years R/o House No. 162, Ward No. 11, Krishna Chowk, Raut Para, Raipur District - Raipur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Kharora, District - Raipur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anuroop Panda, Advocate. For Respondent(s) : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.429/2025 registered at Police Station Kharora, District - Raipur (C.G.) for the offence punishable under Section 64(2)(m) of Bharatiya Nyaya Sanhita (for short ‘BNS’).. 2 2. Prosecution case in brief is that the victim's uncle was resident of village Kharora, therefore the victim used to visit village Kharora from time to time. That applicant lives in the same locality, and therefore, the victim and the applicant started talking and meeting each other. It is alleged that on 30.09.2024 at 10 PM, the applicant on the pretext of marriage had committed rape of the victim for the first time in Kharora near Dabri Para, without her consent. After that, the applicant forcibly had physical relations with the victim at Raipur, at Ujjain and other places, due to which the victim got pregnant, and she is currently 02 months and 10 days pregnant. Later on, applicant refused to marry her, which led to the registration of aforesaid offence. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in crime in question. He further submits that the victim was a major girl aged about 19 years and she was the consenting party, applicant and victim were acquainted to each other since 2021, further there was consensual relationship between them and when their relationship could not be materialized, present FIR has been lodged by the victim against applicant to harass him, hence he prays for grant of anticipatory bail to the applicant, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail. He further submits that applicant is 3 alleged to have established physical relationship with the victim on multiple occasions on the pretext of marriage and later on refused to marry her, therefore, present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to have established physical relationship with the victim on multiple occasions on the pretext of marriage and later on refused to marry her, but victim was a major girl aged about 19 years at the time of incident and she was the consenting party, applicant and victim were acquainted to each other since 2021, further there was consensual relationship between them and when their relationship could not be materialized, present FIR has been lodged against applicant, also considering the statement of victim recorded under Section 183 of BNSS, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Mahendra Pal, on executing a personal bond with one surety in the like sum to the 4 satisfaction of the arresting Officer, he 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 him 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil