1 2025:CGHC:46617 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1387 of 2025 • Mansingh Yadav S/o Shri Rajau Yadav Aged About 45 Years R/o Village Karma, P.S. - Kharora, Tahsil - Kharora, Distt. - Raipur Chhattisgarh ... Applicant versus • State Of Chhattisgarh Through S.H.O. P.S. Bhatapara City, Dist. - Balodabazar-Bhatapara Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ravindra Sharma, Advocate For Respondent/State : Mr. Nitansh jaiswal, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/09/2025 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.448/2025 registered at Police Station – Bhatapara, District- Baloda Bazar-Bhatapara (C.G.) for the offences punishable under Sections – 296, 331(6), 351(2) of BNS, 2023. 2. As per the case of the prosecution the complainant Sumitra Bai Yadav made written complaint at P.S. Bhatapara City stating that she is illiterate woman and she does the work of bag stiching, and she resides with her children, that earlier she has made complaint VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.12 18:30:13 +0530 2 against the applicant for sexual intercourse on the pretext of marriage which is pending before learned Trial Court at Bhatapara, and he was released on bail on the basis of assurance of marriage and consent of the complainant. That the applicant forcefully entered her house and with no intention to marry and for forcing to take the case back, on 04.08.2025 at about 1:30 P.M. he closed all the doors of her home and started using filthy language against her and also threatened her to take back the case and when the complainant revolted he assaulted her with hand and gloves because of which she sustained injuries in both her hands, and shoulder, and when she tried to raise alarm he choked her neck, on the basis of said complaint FIR has been lodged against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It is argued by learned counsel for the applicant is that this is a second FIR has been lodged by the complainant against the present applicant. Earlier FIR has been lodged by the complainant against the applicant for the offence under Section 296, 351(2), 64 of BNS, in which applicant has already been granted bail by the trial Court. He further submits that the present FIR has been lodged against the applicant on the ground that after releasing on bail, applicant entered into the house of complainant, assaulted her and pressurized to withdraw the said case. He also submits that the allegation levelled against the present applicant is false and fabricated and the instant complaint lodged by the complainant only to exaggerate the old case, in which applicant has already been granted bail by the trial Court. He further submits that injuries sustained by the injure are simple in nature, investigation and trial are likely to take time, therefore, he 3 submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that applicant is having one previous criminal antecedent vide crime No.143 of 2025 registered at Police Station Bhatapara City for the offence under Sections 269, 351(2) and 64 of BNS. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties and also considering the fact that applicant has one criminal antecedent, in which applicant has already been granted bail by the trial Court, injuries sustained by the injured are simple in nature and the conclusion of the trial is likely to take some time, without commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Mansingh Yadav, 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 4 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 vaishali