1 2025:CGHC:40516 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1223 of 2025 • Gopal Sharma S/o Heenchpati Sharma Aged About 42 Years Village - Labed, Ps - Shyang, Tehsil - Korba, Dist - Korba Chhattisgarh ... Applicant versus • State Of Chhattisgarh Chowki - Rajgamar, Korba, District Korba Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Ms. Megha Mishra, Advocate For Respondent/State : Ms. Shubha Shrivasatava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No.436/2025 registered at Police Station – Rajgamar, District – Korba (C.G.) for the offence punishable under Section 376 of IPC. 2. The prosecution story, in brief, is that 5. as per the prosecution story, the offence of rape is alleged to have been committed by the applicant/accused. The applicant is a frequent visitor to the house of his brother-in-law Tejendra Pandey in Village Kerwan, where the prosecutrix also resides. Due to this, the prosecutrix and the applicant came into contact in 2020 and developed familiarity. The VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 11:19:17 +0530 2 prosecutrix, a married woman with children, often called the applicant to her home, and they met, went out, and remained in touch from 2020 to 2024. That, in 2025, the prosecutrix allegedly began demanding money from the applicant due to her husband's financial needs. Being a poor farmer and labourer, the applicant could not fulfil her demands. Aggrieved by this, the prosecutrix allegedly threatened to implicate him in a false case. It is further alleged that on 15.02.2022, the applicant brought "gupchup" (pani puri) to her house when she was alone. After consuming it, the prosecutrix claims she felt dizzy and unconscious, and later found her clothes removed. She alleges that the applicant took intimate photos and videos and subsequently blackmailed her, forcing her into sexual relations under threat. Hence, this application. 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. He further submits that the present applicant and the victim were in a relationship and the she was a consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual intercourse with the victim. She further submits that as per the statement of victim, in which she stated that she was in contact with applicant since 2020, they are neighbors and they were in relationship and on the pretext of marriage committed sexual intercourse with the victim, therefore he is not entitled 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 and from perusal of the statement of the victim it appears that the victim and the present applicant were in a consensual relationship and she was a consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gopal Sharma, 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) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali