1 2025:CGHC:3692 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 108 of 2025 Yutesh Kaushik S/o Shri Naresh Kaushik Aged About 27 Years Rajendra Nagar, Police Station Civil Line, Bilaspur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through in Charge of Police Station Civil Line Bilaspur Chhattisgarh. ... Non-applicant For Applicant : Mr. Badruddin Khan, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1289/2024 registered at Police Station – Civil Line, Bilaspur District- Bilaspur (C.G.) for the offence punishable under Sections 64 of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story, the victim has alleged that the applicant/accused and she were friends since 2017 when they were students at DLS College, Bilaspur. She further stated that they met RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.22 10:54:06 +0530 2 for the first time on January 5, 2023, and during this meeting, she realized that there was no possibility of their marriage due to caste differences, as inter-caste marriages were not permitted. She also alleged that the accused/applicant had promised to marry her, and as a result, their first physical relationship took place on May 17, 2023, at the home of the accused/applicant. Subsequently, their physical relationship continued frequently for two years, with the last instance occurring on September 25, 2024, in a car at a deserted place within the premises of Rama Life City Colony, Sakari. The victim also claimed that the accused/applicant, fearing her accusations, fixed their wedding date as November 12, 2024, but he did not follow through with the marriage thereafter. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the victim aged about 27 years is a major girl. He further submits that the present applicant and the victim were in a consensual relationship since 2023. He further submits that the present applicant has no criminal antecedents. 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, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case and further the fact that victim and the present applicant were in a consensual relationship since 2023 and they established sexual relationship and 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 – Yutesh Kaushik, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Rahul Dewangan