1 2025:CGHC:38838 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1189 of 2025 Arun Kumar Bhagat S/o Rajeev Ram Bhagat Aged About 35 Years R/o Village- Jholanga, Post- Lokhandi, Police Station- Lodam, Tahsil And District Jashpur C.G. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Lodam, District Jashpur C.G. ... Respondent For Applicant : Shri Jitendra Kumar Saxena, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 05/08/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.35/2025, registered at Police Station Lodam, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.11 17:56:34 +0530 2 District-Jashpur (C.G.) for alleged commission of offence punishable under Sections 64, 61(1), 87 of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that on 14.08.2024 the prosecutrix lodged report at Police Station, Lodam to the effect that the applicant has committed sexual intercourse with her since 15.10.2022 on the pretext of marriage and on 20.05.2024, the applicant executed an agreement mentioning that he will perform marriage with the prosecutrix, but on 24.06.2024 the applicant has refused to perform marriage with her. On the basis of said report, the offence under Section 376, 376(2)(n), 323 of IPC was registered against the applicant in Crime No. 43/2024. The applicant applied for grant of bail and he was granted bail by the court below. Subsequently the charge sheet was filed in the aforesaid crime and the trial was started in S.T. No. 51/2024 before the Additional Sessions Judge, Jashpur. During pendency of trial, the prosecutrix appeared before the trial Court and her evidence was recorded. Thereafter on 25.06.2025 the prosecutrix made another complaint before Police Station, Lodam, alleging therein that on 18.06.2025 the applicant came in the house of prosecutrix and pressurized her for withdrawal of aforesaid criminal case and lifted her in car and took her towards Jogitoli Jungle, where the applicant has committed sexual intercourse with her. On the basis of said second complaint, the offence U/s 64, 61(1), 87 of B.N.S. have been registered against the applicant. 3 3. It has been argued by learned counsel for the applicant that the complainant of the present case had earlier lodged an FIR against the applicant for offence under Section 376 IPC for which the applicant is facing trial after he being granted bail and the statement of the victim has been recorded which goes to show that she was a consenting party. It is stated that the applicant was expecting his acquittal in the said case and the complainant realizing the said fact has lodged the present FIR against the applicant for his harassment and for oblique purpose, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and she would submit that as per the statement of the victim recorded under section 183 BNS goes to show that the applicant had tried to sexually assault her and as per the opinion of the doctor it was found that sexual intercourse has been done as it is apparent from the case diary, therefore the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that as per the statement of the victim recorded under section 183 BNS goes to show that the applicant had tried to sexually assault her and as per the opinion of the doctor it was found that sexual intercourse has been done as it is 4 evident from the case diary. Considering the said fact, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Arun Kumar Bhagat, involved in Crime No.35/2025, registered at Police Station Lodam, District-Jashpur (C.G.) for alleged commission of offence punishable under Sections 64, 61(1), 87 of Bhartiya Nyay Sanhita, 2023 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri