1 2025:CGHC:41580 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1245 of 2025 Akash Sharma S/o Manishankar Sharma Aged About 28 Years R/o 102 Ward No.09, Ram Nagar, Simga, District : Balodabazar- Bhathapara,Chhattisgarh ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Simga, District : Balodabazar-Bhathapara, Chhattisgarh ...Non-applicant For Applicant : Mr. Goutam Khetrapal, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.08.2025 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. 418/2025, registered at Police Station - Simga District – Balodabazar Bhatapara (C.G.) for the offence punishable under Sections 64, 64(2)(m) & 69 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:11 +0530 2 2. The prosecution story in brief is that on 05.08.2025, the prosecutrix has lodged written report at Police Station, Simga, alleging therein that she is married lady and having two children. On 05.02.2025 she met with the applicant, who given his mobile number and asked for calling him. Thereafter the applicant and prosecutrix used to talk with each other through mobile and during conversation, the applicant used to give assurances of marriage. On 25.03.2025 the applicant came in the house of prosecutrix and committed sexual intercourse with her. Thereafter the applicant has committed sexual intercourse with her on several times till 21.06.2025 and later on he refused to marry her. On the basis of said report, the alleged offences have been registered against the applicant. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. The prosecutrix is a well-educated, major, married woman with two children, and there is no divorce from her husband, hence the allegation of sexual intercourse on the false assurance of marriage is baseless. Her conduct clearly shows that she was a willing and consenting party, having continued the relationship without protest or objection, and the FIR has been lodged with undue and unexplained delay only to falsely implicate the applicant for monetary gain. In fact, prior to registration of the FIR, the applicant had already lodged a complaint before the Superintendent of Police against the prosecutrix and her husband regarding their illegal demand of money. The essential ingredients of the alleged offences are not attracted against the applicant, who is a young, well-educated individual preparing for competitive examinations and enjoying a respectable standing in 3 society. His arrest would cause irreparable harm to his reputation, and he is ready to abide by any directions or conditions imposed by this Hon’ble Court while granting bail. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence, and also taking into account the fact that the prosecutrix is a major, married lady, having two children with no divorce from her husband, and that she was in a consensual relationship with the present applicant, it appears that she was a consenting party, therefore, without 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 – Akash 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 4 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 Vaibhav