1 2025:CGHC:49442 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1514 of 2025 Amar Singh Sidar S/o Neharu Sidar Aged About 30 Years R/o Navrangpur, Tahsil And District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Kotra Road, District – Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Ravi Kumar Banjare, Advocate. For Non-Applicant : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 26.09.2024 1. The applicant has preferred this third application under Section 482 of the BNSS for grant of anticipatory bail, apprehending his arrest in connection with Crime No.114/2019, registered at Police Station – Kotra Road, District – Raigarh (C.G.) for alleged commission of offence punishable under Section 376 of the Indian Penal Code (In short, IPC). 2. Earlier the first anticipatory bail application of the applicant was rejected on merits vide order dated 26.07.2024 passed in MCRCA No. 834/2024, and the second anticipatory bail application of the applicant was RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 dismissed as withdrawn vide order dated 02.04.2025 passed in MCRCA No.448/2025. 3. As per the prosecution story in brief, is that the victim was living at rental accommodation near Budhimai Mandir and the applicant resides in the same village, who on the pretext of marriage in the year 2018 promised that he will marry her, kept the victim with him for a period of 3 months and established physical relationship with her several times. The parents of the victim made a missing report to the Police Station and because of the said incident, the offence as mentioned has been registered. Hence this application. 4. The learned counsel for the applicant has argued that the applicant is completely innocent and has been falsely implicated in the present case. It is submitted that the victim is a major girl aged about 28 years and there was a consensual sexual relationship established between the applicant and the victim on the pretext of marriage. It is further submitted that the victim is a consenting party with the applicant. Hence, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that the applicant has committed sexual intercourse with the victim many times on the pretext of marriage and thereafter he refused to marry her only on the ground that she belongs to the lower community. Furthermore, this case is of the year 2019, and the present applicant is said to be absconding in the present case and the charge-sheet has been filed against him in the year 2020 as an absconder, therefore, the anticipatory bail application of the applicant deserves to be rejected. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Taking into consideration the nature of allegation made against the present applicant that the applicant has committed sexual intercourse with the victim many times on the pretext of marriage and thereafter he refused to marry her only on the ground that she belongs to the lower community. Also considering the fact that this case is of the year 2019, and the present applicant is said to be absconding in the present case and he has now come up before this Court for grant of anticipatory bail and the charge-sheet has been filed against him in the year 2020 as an absconder, hence, without expressing any opinion on the merits of the case, this Court does not find it a fit case to enlarge the applicant on anticipatory bail. 8. The Supreme Court, in Lavesh v. State (NCT of Delhi), reported in {(2012) 8 SCC 730} and State of Madhya Pradesh v. Pradeep Sharma, reported in {(2014) 2 SCC 171}, has observed that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail. 9. Accordingly, this third anticipatory bail application of the applicant - Amar Singh Sidar, filed under Section 438 of Cr.P.C. involved in Crime No.114/2019, registered at Police Station – Kotra Road, District – Raigarh (C.G.) for alleged commission of offence punishable under Section 376 of the IPC, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar