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2025 DAILYLAW 44870 (CHH)

PRITAM KUMAR RAJWADE v. STATE OF CHHATTISGARH

MCRCA/1512/2025 · 2025-09-25

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Judgment text

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1 2025:CGHC:49444 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1512 of 2025 • Pritam Kumar Rajwade S/o Ramprasad Rajwade, Aged About 27 Years R/o Village Katbitala, Ward No. 07, P.S. Urga, Tehsil And District Korba (C.G.) ... Applicant versus • State of Chhattisgarh Through The Station House Officer, Police Station Urga Korba, District Korba (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Rakesh Kumar, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 26/09/2025 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.392/2025 registered at Police Station – Urga District- Korba (C.G.) for the offences punishable under Sections 69, 64(2)(m) of BNS. 2. Case of the prosecution, in brief, is that on the date of incident, the complainant has lodged a missing report to concerned police station against the unknown person that his wife was gone to any place from her house without any information given to her relative but she did not return in the house and no any information has received about the prosecutrix to her relatives and police has registered against the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.26 18:02:41 +0530 2 unknown persons and after recovered the prosecutrix, the police has registered the offence against the present applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. It has been argued by learned counsel for the applicant that the victim is already a married women aged about 25 years and she was in contact with the applicant since 2023, thereafter, they had love affair and applicant made physical relationship with the prosecutrix and when the prosecutrix’s husband coming to know their affair he lodged a missing report against unknown person and when the police had tried to traced out the whereabouts of the prosecutrix. On 06.08.2025, she has been taken by the applicant from Durg to Bilaspur to her sister’s place, wherein applicant’s father and other relatives had taken them to Police Station Bilapsur, where applicant was arrested. and 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 contact with the applicant since 2023 and they had love affair and applicant made physical relationship with her may times on the pretext of marriage and 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. 3 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 a married lady aged about 25 years and she was consenting party, investigation and conclusion of the trial may take some more time, this Court is of the view that the 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 – Pritam Kumar Rajwade, 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