1 / 4 2025:CGHC:44400 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1311 of 2025 Khetri Nag @ Rahul S/o Hanu Nag, Aged About 30 Years Caste - Ganda, R/o Village Dabri, Tehsil And Police Station Kantabanji, District - Balangir, State - Odisha. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - City Kotwali, District - Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Manoj Kumar Yadav, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Bhupendra Shrivas, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 01.09.2025 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.389/2025 registered at Police Station – City Kotwali, Bilaspur, District - Bilaspur (C.G.) for the offence punishable under Section 376(2)(N) of the Indian Penal Code (for short I.P.C.). 2. The case of the prosecution in brief is that the prosecutrix has lodged an F.I.R alleging that the applicant/accused developed physical relations with prosecutrix forcefully by saying that he will keep her as VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.01 18:35:20 +0530 2 / 4 his wife and at present he has refused to marry her, due to which prosecutrix has lodged the above report against the applicant in City Kotwali Police station, Bilaspur which is being investigated by Police. 3. The applicant submits that he is completely innocent and has been falsely implicated in the present case. The prosecutrix, aged about 29 years and a divorcee with a minor son, maintained a love relationship with the applicant for nearly five years and has belatedly filed a false and fabricated report with an intention to blackmail and extort money, as she has been doing for the last two years. It is submitted that the prosecutrix had earlier also lodged a complaint against the applicant, which she subsequently withdrew by executing an affidavit, thereby casting doubt on the veracity of her allegations. The record of monetary transactions made by the applicant to the prosecutrix has been filed as Annexure A/2, and the affidavit of withdrawal has been filed as Annexure A/3. It is further contended that none of the essential ingredients of the offence under Section 376(2)(N) IPC are made out in the present case. The applicant is the sole earning member of his family, working as a supervisor in Dawate Delhi Biryani Centre, and in the event of his arrest, the livelihood of his family would be gravely affected. The applicant is a permanent resident of the address mentioned in the cause title and undertakes to abide by all terms and conditions that may be imposed by this Hon’ble Court, and therefore prays for grant of anticipatory bail. 4. On the other hand, learned State counsel as well as objector in person opposed the bail application of the applicant and submits that the present applicant on the pretext of marriage committed sexual 3 / 4 intercourse with the victim and thereafter denied, therefore he is not entitled for grant of anticipatory bail. 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 aged about 28 years having a 6-year-old child, and the present applicant were in a consensual relationship and established physical relations. Thereafter, as their relationship could not materialize, the present FIR came to be lodged by the victim on the ground that the applicant refused to marry her. Therefore, without commenting on the merits of the case, this Court is 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 – Khetri Nag @ Rahul, 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 4 / 4 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