1 2025:CGHC:45092 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1337 of 2025 Narayan Prasad Patel S/o Shri Makhan Lal Patel Aged About 47 Years R/o Nawaparakalan, Janjgir- Champa Singhansara, District- Janjgir- Champa(C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Sakti, District - Sakti (C.G.) ... Non-applicant For Applicant : Mr. Abdul Wahab Khan, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer For Complainant : Mr. Ashish Gangwani, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.09.2025 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. 282/2025 registered at Police Station – Sakti, District - Sakti (C.G.) for the offence punishable under Section 376(2)(n) of Indian Penal Code. 2. The brief facts of the case are are that the victim/complainant and the applicant/accused reside in the same village. The applicant used to visit the house of the victim for household work. On RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 25.01.2023, when the victim was alone at her house, the applicant came there and, on the false assurance of marriage, established physical relations with her. Thereafter, whenever the victim asked the applicant to marry her, he made various excuses and avoided the subject. In this manner, the applicant repeatedly established physical relations with the victim on several occasions. On 10.08.2025, while the applicant and the victim were on their way to a temple, the victim again asked him about marriage, but the applicant outrightly refused. The victim then disclosed the entire incident to her parents and subsequently lodged a complaint at Police Station Sakti. Based on her complaint, the police registered FIR No. 282/2025 and initiated investigation, making efforts to apprehend the applicant. Hence, this anticipatory bail application has been filed. 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 28 years is a major girl. He further submits that the present applicant and the victim were in a consensual relationship since 2023. He also submits that the offence has been registered out of conspiracy to harras, humiliate the applicant and harm his reputation. 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 as well as learned counsel for the objector/complainant would oppose the bail application of the applicant and submits that the present applicant on the pretext 3 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. 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 – Narayan Prasad Patel, 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 4 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