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2025 DAILYLAW 38528 (CHH)

CHANDRALOK SINGH THAKUR v. THE STATE OF CHHATTISGARH

MCRCA/1191/2025 · 2025-08-05

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Judgment text

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1 2025:CGHC:39308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1191 of 2025 • Chandralok Singh Thakur S/o Virendra Singh Thakur Aged About 32 Years By Caste- Kshetriya, R/o Udaynagar, Kanker Distt.- Uttar Baster Kanker (C.G.) ... Applicant versus • The State Of Chhattisgarh Through Police Station Kanker, Distt.- Uttar Baster Kanker (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Parag Kotecha, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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.211/2025 registered at Police Station – Kanker, District- Uttar Baster Kanker (C.G.) for the offences punishable under Sections 69 of BNS, 2023. 2. Case of the prosecution, in brief, is that prosecutrix and applicant knows each other, when Councilor Election was held on 11.02.2025. That it was further alleged that on 11.06.2025, at about 1:00 a.m. the applicant had called the prosecutrix and had taken her to one VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.08 11:12:44 +0530 2 House and assured that her likes her and had forcefully committed sexual intercourse with her, and thereafter stop talking with her and because of that she was under mental pressure. Hence, an offence under aforesaid section have been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the prosecutrix is a widow lady and having children, she came in contact with the applicant during election of Councilor, after some time applicant established physical relation with prosecutrix on the pretext of marriage, but applicant refused to marry with her, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that as per statement of prosecutrix recorded under Section 183 of BNS, in which she stated that she is a widow lady and having children, she came in contact with the applicant during election of Councilor, after some time applicant established physical relation with her on the pretext of marriage, but applicant refused to marry with her. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that that the prosecutrix is a major lady and having children, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Chandralok Singh Thakur 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 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 vaishali