1 2025:CGHC:2813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 88 of 2025 Lalji Bisai S/o Bhursu Bisai Aged About 24 Years R/o Village- Kikirpal Sargipara, P.S.- Puspal Tahsil- Chhindgarh District Sukma, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S H O, P.S. Puspal, Sukma, Chhattisgarh. ... Non-applicant For Applicant : Ms. Madhunisha Singh, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.01.2025 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. 13/2024 registered at Police Station – Puspal, District – Sukma (C.G.) for the offence punishable under Section 376 and 376(2)(n) of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the victim has filed a written complaint against the applicant alleging that the applicant has been continuously establishing physical relations with the victim since 03.01.2024 on the pretext of marriage and is now refusing to marry her. 3. It has been argued by the learned counsel for the applicant that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 21 years, to whom her family proposed the applicant for marriage in October, 2024 which was accepted by the applicant’s family, in the month of November, the girl refused to marry because she liked another boy, due to which the applicant’s family stopped the preparations for the marriage, after a few days, victim’s brother and other family members again came to the applicant’s home and asked him to marry, when the applicant told them about the girl liking another boy, they were not ready to accept it ans started pressuring the applicant to marry forcibly and the girl also agreed to the marriage under the pressure of her brothers and families, hence, the FIR was lodged. 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 from the perusal of the case diary, it transpires that the applicant has been continuously establishing physical relations with the victim since 03.01.2024 on the pretext of marriage and is now refusing to marry her. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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 victim is a major girl aged about 21 years, to whom her family proposed the applicant for marriage in October, 2024 which was accepted by the applicant’s family, in the month of November, the girl refused to marry because she liked another 3 boy, due to which the applicant’s family stopped the preparations for the marriage, after a few days, victim’s brother and other family members again came to the applicant’s home and asked him to marry, when the applicant told them about the girl liking another boy, they were not ready to accept it ans started pressuring the applicant to marry forcibly and the girl also agreed to the marriage under the pressure of her brothers and families, hence, the FIR was lodged, 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 – Lalji Bisai on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Rajshekhar