1 2025:CGHC:43975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1255 of 2025 • Tikendra Sen S/o Shankar Lal Sen Aged About 26 Years R/o Village Hanoda, Ward No. 12, P.S. Padmanabhpur Tah. And District - Durg (C.G.) ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Padmanabhpur Tah. And District - Durg (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Tarun Dansena, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 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.249/2024 registered at Police Station – Padmanabhpur, District- Durg (C.G.) for the offences punishable under Section 376 of IPC and Section 4 of the Protection of Children from Sexual Offences Act (POCSO). 2. Case of the prosecution, in brief, is that victim’s grandmother lodged a report in police station Basantpur, District- Rajnandgaon against the present applicant dated 12.06.2024 to the effect that their victim, aged about 17 years, 10 days has been staying at Sai Hostal, Digvijay VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.01 18:53:11 +0530 2 Parisar, Rajnandgaon for studying in Class 12th a half years. On 27.04.2024 the victim was at her home in Durg, who went to Bank of Badauda, Durg for her work on 29.04.2024, then between 11:00 to 12:00 in the afternoon, the accused Tikendra Sen met in front of the bank and took her to the police residential area in Durg on his motorcycle and made physical relation with the victim. Hence, FIR has been registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The allegation levelled against the present applicant is that the accused made physical relationship forcibly with the victim on the pretext of marriage. He further submits that there is consensual relationship between the victim and the applicant, marriage of applicant and victim has already been solemnized, she is also living with him, 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 the notice has already been served to the mother of the victim, who is complainant in this case, but none appeared nor any represent is made on her behalf and as per the statement of victim recorded under Section 183 of BNSS, in which she admitted the aforesaid fact. Though, marriage has already been solemnized between victim and applicant, but it can not be denied that he committed rape on her, therefore, applicant is not entitled for enlarged on bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that age of the victim to be 17 years and has consensual sexual relationship with the applicant and she is also living with him, as has been stated by learned counsel for the applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tikesndra Sen on executing a personal bond and one local 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