1 2025:CGHC:49229 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1349 of 2025 Faleshwar Verma S/o Shri Gajanand Verma Aged About 22 Years R/o Behind Bijli Office, Changorabhatha, Police Station D.D. Nagar, Raipur, District Raipur Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer, D.D. Nagar, Raipur Chhattisgarh ... Non-applicant For Applicant : Mr. Bhaskar Payashi, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.09.2025 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. 131/2025 registered at Police Station – D.D. Nagar, Raipur District – Raipur (C.G.) for the offence punishable under Section 64 of BNS and Section 6 Protection of Children from Sexual Offences Act (POCSO Act). 2. As per the prosecution story the complainant is aged about 17 years was having acquaintance for last 2 years with applicant from Instagram and used to meet each other. It is further stated that Applicant on his VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.25 18:32:34 +0530 2 own house on 10/11/2023 stated that he will marry with complainant and developed physical relation and on 18/10/24took complainant to Banjari Temple, Birgaon and married with her and started living in rented house in Changorbhatha. Complainant become pregnant and delivered boy child who died in 12 days. Applicant resided with complainant for 5 months and started harassing the complainant. On 12/03/2025 made again physical relation and thereafter complainant came to know that applicant eloped with Cousin of complainant. 3. The counsel for the applicant respectfully submits that the victim is a major girl, as even in an earlier FIR lodged by her, she stated before the Trial Court that her date of birth was 2002 instead of 2007, which makes her 21 years of age on the date of the alleged incident. From her own statement under the BNS, it is clear that she was in an affair with the applicant, remained with him for about one and a half years, and the relationship was consensual, developed on the pretext of marriage. The applicant is innocent and has been falsely implicated, as the complainant has a history of making false allegations; in a prior case, she implicated one Toran Sahu in similar allegations of physical relations, marriage, and pregnancy, for which he was arrested, remained in jail for 393 days, and was eventually acquitted by the learned Additional Sessions Judge, Fast Track Special Court (POCSO), Raipur, on 28.06.2023, as the prosecution failed to prove the charges. In that case, the complainant and her father made contradictory statements regarding her date of birth and alleged sexual relations. In the present case also, the complainant has made identical allegations of physical relations, marriage, and birth of a child, but no supporting documents or evidence have been seized. The medical report shows 3 no evidence of recent use of force, only signs of past intercourse, which points towards false implication. The complainant is presently residing with another person, namely Ravi Netam of Bilaspur, which further diminishes the credibility of her allegations. The applicant only had acquaintance with the complainant, the investigation has been completed, and the charge-sheet has already been filed, 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. 5. father of the victim appeared through the concerned DLSA and raised an objection to release of the applicant on bail. 6. I have heard learned counsel for the parties, and perused the case diary. 7. Considering the facts and circumstances of the case, the nature and gravity of the offence, upon perusal of the victim's statement recorded under Section 183 of the BNS, and the fact that the victim was in a consensual relationship with the applicant during which a sexual relationship was established, and that their relationship could not materialize, consequently leading to the lodging of the present FIR, this Court, without commenting on the merits of the case, is inclined to grant anticipatory bail to the applicant. 8. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Faleshwar Verma, 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:- 4 (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 vaibhav