1 2025:CGHC:41575 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1254 of 2025 Budheshwar Kumar Dhruw S/o Safur Ram Dhruw Aged About 51 Years R/o 159 Ward No. 13 Jonda-02 Raipur Chhattisgarh Wrongly Mentioned In Order Sheet As Budheshwar Dhruw, S/o Safur Ram Dhruw, R/o Ward Number 13 Jonda- 02 Raipur C.G. ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Arang, District Raipur Chhattisgarh. ...Non-applicant For Applicant : Ms. Pratibha Sahu, Advocate. For Non-applicant/State : Mr. Hariom Rai, 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. 404/2025, registered at Police Station - Arang, District – Raipur (C.G.) for the offence punishable under Sections under Sections 376, 376(2)(n) & 506 of the IPC 1860. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.19 13:14:12 +0530 2 2. The prosecution story in nutshell is that a written complaint has been filed by complainant that she is resident of Mandiore post Police Station Gobara Nayapara District Raipur and working as member of the primary school mandlore and when Applicant was posted as Head master It is 3 years prior that Applicant confessed his love to her and when she denied he threatened that he will make her students suffer for the consequences and thereafter Applicant has committed repeated sexual intercourse with her under the pretext of threatening her and when her husband enquired about the same from the Applicant he has denied, The present false and vexatious Complaint had beer lodged under 376,376(2) (n), 506 of the Indian Penal code 186 and the same has been registered on 19.07.2025 being F.I.R. Na 404 of 2025 against the present Applicant. Accordingly offen under aforementioned section has been registered against present Applicant. 3. The applicant is innocent and has been falsely implicated in the present case due to mala fide intention and harassment by the complainant. The complainant, a 33-year-old major lady, was in a consensual relationship with the applicant for about four years, during which she voluntarily accompanied him and engaged in consensual sexual relations without objection, as reflected from both her conduct and written reports. The FIR has been lodged belatedly on 19.07.2025 despite the alleged first incident being of 29.01.2023, with no satisfactory explanation for such delay. The allegations of sexual assault are baseless, fabricated, and motivated, as the complainant started harassing and blackmailing the applicant when their relationship could not materialize. Even if the prosecution story is 3 taken at face value, no offence under law is made out against the applicant. He has no criminal antecedents, is a law-abiding citizen with deep respect for the judicial process, and is ready to cooperate fully with the investigation and abide by all conditions imposed by this Hon’ble Court. Being a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with prosecution witnesses, and hence, he prays for grant of anticipatory bail to protect his liberty. Therefore, she 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 and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim, a married lady having two children, was in a consensual relationship with the present applicant and was a consenting party. Therefore, without further commenting on the merits of the case, 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 – Budheshwar Kumar Dhruw, 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 4 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 Vaibhav