1 2025:CGHC:39993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1206 of 2025 Jageshwar Markam S/o Ramsingh Markam Aged About 35 Years R/o Village Bahigaon, P.S. And Tehsil Keshkal, Distt- Kondagaon Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through- The Police Station Makdi, District – Kondagaon, Chhattisgarh. ... Non-applicant For Applicant : Mr. Raza Ali, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08.08.2025 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. 28/2025 registered at Police Station – Makdi, District – Kondagaon (C.G.) for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the victim and the applicant were in relationship from 2021 and on the pretext of marriage the physical relationship has been established and thereafter it is alleged that in 2025 the applicant has declined to marry her, for which the offence under the offences under the aforesaid Section has been registered against the applicant. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 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 victim is a major girl and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR after the delay of 3 years. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposed the bail application and submits that the applicant has committed sexual intercourse with the victim on the pretext of marriage and thereafter he refused 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 and there was some affair made between the applicant and the victim, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR after the delay of 3 years, 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 – Jageshwar Markam, on executing a 3 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 Rajshekhar