1 2025:CGHC:49241 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1499 of 2025 • Virendra Sidar S/o Shri Ramsingh Sidar Aged About 26 Years R/o Village- Reda, Police Station Sarangarh, District Sarangarh-Bilaigarh C.G. (Wrongly Mentioned Fathers Name of Applicant As Ramsing In The Impugned Order) ... Applicant versus • The State of Chhattisgarh Through The Station House Officer, Police Station Dongargarh, District- Rajnandgaon C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Roop Ram Naik, Advocate For State : Ms. Vaishali Mahilong, 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.375/2025 registered at Police Station – Dongargarh, District- Rajnandgaon (C.G.) for the offences punishable under Section 366, 376, 376(2)(n) of IPC. 2. Case of the prosecution, in brief, is that on 16.07.2025 the victim aged about 22 years submitted written report before VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 11:29:15 +0530 2 Police Chowki – Chhapora, Police Station – Malkharoda, District- Sakti that during course of talking on mobile the applicant said that I Love you and I wants to marry you. On 12.09.2023 the victim and applicant went at Dongargarh, District- Rajnandgaon and stayed 2 days in the Suman lodge and during that time the applicant committed sexual intercourse, thereafter, they return back at house of the victim where the applicant was stayed 2 days and also during that time the applicant committed sexual intercourse at village- Doma, Police Chowki- Chhapora, Police Station- Malkharoda, District- Sakti. In the year 2025, the victim went to house of the applicant several times with her relative. The applicant stated to the victim that his parents are refusing to marry with you and after denial, the complaint has been lodged at Police Chowki- Chhapora, Police Station- Malkharoda, District- Sakti. The police registered FIR in the 00/2025, offence u/s 376 of IPC and transferred at Police Station- Dongargarh. On the basis of the zero number FIR the Police station- Dongargarh has registered the present case and started investigation and during the investigation offence u/s 366 of IPC has been added. The applicant came to know about the complaint made by the victim, thereafter; he had filed anticipatory bail application before the learned Court below. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the prosecutrix is a major girl aged about 3 22 years old and there was 3 year long relationship between the prosecutrix and the applicant, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand learned State counsel opposed the bail application and submits that applicant has no previous criminal antecedent. He further submits that as per the statement recorded under Section 183 of BNSS by the victim, she was in touch with the applicant since 2022 and on 12.09.2023, she went with the applicant Dongargarh, thereafter, they stated two days in the Suman Lodge and they returned back at house of the victim where applicant was stayed two days during that time applicant made physical relation with her many times. She further submits that the applicant has been absconding since the date of registration of the offence, and investigation against him is ongoing, therefore, the applicant is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the statement recorded under Section 183 of BNSS by the prosecutrix/victim, she is major girl and the fact that present applicant and the victim were in a relationship and she was a consenting party, investigation and conclusion of the trial may take some more time, this Court is of the view that the 4 applicant is entitled to be released on anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Virendra Sidar, on executing a personal bond with 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. (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 their adhaar card alongwith a colored 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 vaishali