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2025 DAILYLAW 37788 (CHH)

RAMAN GUPTA v. STATE OF CHHATTISGARH

MCRCA/1180/2025 · 2025-08-03

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Judgment text

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1 2025:CGHC:38483 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1180 of 2025 Raman Gupta S/o Late Kishor Kumar Gupta Aged About 27 Years R/o Goharideepa, Ward No. 5, Gharghoda, PS And Tahsil Gharghoda, District Raigarh (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Officer-In-Charge Mahila Police Station (Mentioned As Women Police Station In Order Sheet), District Raigarh (Chhattisgarh) ... Respondent For Applicant : Shri Ashutosh Mishra, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. For objector : Shri Vikas Pandey, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/08/2025 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.21/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.05 17:35:45 +0530 2 (Wrongly mentioned in order copy as 31/2025) registered at Police Station – Mahila Thana District-Raigarh (C.G.) for the offence punishable under Section 69 of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 12.07.2025 a first information report was lodged by the prosecutrix before the police station Mahila Thana, whereby it was alleged that in the year 2022 neighbor of the prosecutrix introduced her with the applicant and a love relation was developed between the applicant and the prosecutrix. It has been further alleged that on 30.05.2023 the applicant had physical relation with prosecutrix for the first time on the pretext of marriage. Subsequently they had sexual intercourse many times. It has been alleged that later on the applicant refused to marry the prosecutrix. On the basis of aforesaid complaint offence under section 69 Bhartiya Nyay Sanhita, 2023 were registered against the present applicant. 3. It has been argued by learned counsel for the applicant that the victim is a major girl and as per 183 BNS statement she was having consensual relationship with the applicant as the relationship could not materialize, she lodged the present FIR. It is further submitted that the applicant had also filed a complaint against the victim as she was having some relationship with other person and thereafter the present FIR has been lodged. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel appearing for the objector opposes the prayer for grant of anticipatory bail. 3 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 and also considering the 183 BNS statement of the victim wherein she has stated that she was having consensual relationship with the applicant and as the relationship could not materialize, she lodged the present FIR, 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 – Raman Gupta, 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 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 4 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