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2025 DAILYLAW 43477 (CHH)

LIKESH SAHU v. STATE OF CHHATTISGARH

MCRCA/1444/2025 · 2025-09-17

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Judgment text

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1 2025:CGHC:48050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1444 of 2025 Likesh Sahu S/o Bisnath Sahu Aged About 20 Years R/o Ward No. 7, Village Achhola, Post Joba, District- Mahasamund C.G. ... Applicant versus State of Chhattisgarh Through Police Station Gobra, Nawapara, District Raipur C.G. ... Non-applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.09.2025 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. 268/2025 registered at Police Station – Civil Line, Gobra, Nawapara, District Raipur (C.G.) for the offence punishable under Sections 64(2)(m), 351, 115(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant came into contact with the accused through Snapchat around eight months prior to the incident. In January, they met at Kuleshwar Mahadev RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Temple, and later, on 17.02.2025, she met him again at Hotel Sanskar, Navapara, where he allegedly mixed some substance in her cold drink, causing dizziness, and thereafter took her to a room and forcibly established physical relations with her while recording obscene videos and photographs. It is alleged that in March, when she refused to meet him again, the accused threatened to circulate the said videos, compelling her to meet him on multiple occasions where he again subjected her to sexual intercourse. In April, he allegedly repeated the same acts, accompanied by threats to her and her family. On 17.05.2025, at Hotel Sanskar, he is said to have applied vermillion (sindoor) to her hairline, promising marriage, and again established physical relations. Further, on 15.07.2025, when she was at Champaran with her friend, the accused allegedly assaulted both of them, causing injuries. Upon returning home, she narrated the incident to her mother and family members, following which, when her cousin confronted the accused, he allegedly extended further threats. Based on these allegations, an FIR was lodged at Police Station Gobra Nawapara, District Raipur, and the applicant, apprehending arrest, has filed the present application for anticipatory bail. 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 is a major girl. He further submits that the present applicant and the victim were in a consensual relationship since February 2025. He also submits that the victim herself had taken photographs while inside a hotel room with the applicant, in 3 which she appears fully conscious and cheerful. 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 for the non-applicant/State, would oppose the bail application of the applicant and submits that the present applicant on the pretext 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 February 2025 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 – Likesh Sahu, 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 4 Court. (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 Rahul Dewangan