1 2025:CGHC:45646 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1353 of 2025 Dilip Kumar Sarthi S/o Late Jodhan Ram Sarthi Aged About 21 Years R/o Nawapara, Devpehri, Police Station - Lemru, District- Korba (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Balconagar, District- Korba (C.G.) ... Respondent For Applicant : Shri Anil Kumar Gulati, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/09/2025 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.386/2025 registered at Police Station – Balconagar, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.10 11:33:24 +0530 2 District Korba (C.G.) for the offences punishable under Sections 64 (1) & 333 of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that the FIR was lodged by the victim alleging in it that the husband of victim used to work at Jatga from last 10 days and she used to resides along with her two children and mother-in-law. On 10-06-2025, there was engagement was solemnized at the village, where she resides and the applicant also came to attend the engagement. It is alleged that in the evening of 10-06-2025 at about 5.00 PM, the applicant entered in her house closed the door and established physical relationship with her and thereafter the applicant absconded from there and at the same time, the mother in-law of victim saw the incident and thereafter the victim informed to her husband and thereafter on the basis of report lodged by the victim, the alleged offences registered against the applicant. 3. It has been argued by learned counsel for the applicant that the victim is a married woman and as per 164 Cr.P.C./183 BNSS statement of the victim, it transpires that the victim was a consenting party and her mother-in-law had seen the applicant and the victim in a compromising position and then she informed the husband of the victim and the present FIR has been lodged just to escape the insult. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer 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, submissions of learned counsel for the parties, considering the fact that victim is a married woman and as per 164 Cr.P.C./183 BNSS statement of the victim, it transpires that the victim was a consenting party and her mother-in-law had seen the applicant and the victim in a compromising position and then she informed the husband of the victim, thereafter the present FIR has been lodged and also considering the fact that investigation and trial are likely to take some 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 – Dilip Kumar Sarthi, 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) 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. 4 (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 gouri