Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34930
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1068 of 2025 • Digeshwar Prasad Sahu S/o Ramcharan Sahu Aged About 26 Years R/o Village Tendupata, Guchkuliya Police Station Jaijaipur District - Sakti (C.G.)
... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Telibandha, (Correctly Mentioned ) District - Raipur (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anil Kumar Gulati, Advocate For Respondent/State : Mr. Sakib Ahmed, 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.308/2025 registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Section 69 of BNS. 2. The prosecution story, in brief, is that on 22.05.2025, the victim lodged the report to the police station Telibandha, District- Raipur (C.G.) alleging in it that in the Month of March, 2023, she came to Raipur to perform the work and scheme in the contact to the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 10:16:44 +0530
2 applicant and the applicant asked the victim that he will perform the marriage with her and the said proposal was accepted by the victim. The applicant and victim use to resides in the house of Jageshwar Rajput from the month of April, 2023 and there after they shifted the house in the month of December,2024 and the applicant and victim used to resides at the house of Kishore Yadav. It is alleged that the applicant refused to perform the marriage with the victim and therefore, the victim lodged the report against the applicant. 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 she was in relationship with present applicant since two years. 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 divorcee and also in contact with the present applicant since last two years 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
3 182 of BNS, she was in contact with the present applicant since last two years and they were in relationship, at this stage without expressing any opinion on 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 – Digeshwar Prasad Sahu 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