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2025 DAILYLAW 45996 (CHH)

RAHUL CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/1503/2024 · 2025-01-06

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Judgment text

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1 2025:CGHC:748 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1503 of 2024 Rahul Chandrakar S/o Rajendra Chandrakar Aged About 29 Years R/o Village Palaud Police Station Mandi Hasaud District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Police Station Mandir Hasaud District - Raipur (C.G.) ... Non-Applicant For Applicant : Mr. Ashutosh Pandey, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.01.2025 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. 741/2024 registered at Police Station – Mandir Hasaud, District – Raipur (C.G.) for the offence punishable under Sections 366 and 376 (2)(n) of the Indian Penal Code (for short IPC) and Section 4 and 6 of the Protection of Children from Sexual Offences Act . 2. The complainant lodged a written complaint on November 16, 2024, stating that she met the present applicant in 2018, who was a friend ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.07 12:09:27 +0530 2 of her brother Ambarish. The applicant frequently visited the complainant's house and eventually proposed to her. On February 19, 2018, the applicant took the complainant to his house in village Palaud, where he engaged in a sexual relationship with her, despite knowing she was under 18 years old. The complainant further alleged that on October 22, 2024, the applicant forced her to attempt suicide, leading her to consume rat poison. After being hospitalized and recovering, she filed the present complaint. Additionally, the complainant claimed that the applicant had a physical relationship with her under the pretext of marriage. 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 applicant is a friend of the complainant's brother and had taken advances from the applicant for his business. The complainant's family members were intentionally demanding Rs. 5 crores from the applicant. The applicant had filed a complaint with the Superintendent of Police on November 8, 2024, regarding the complainant's family members' intentions. He further submits that a prima facie reading of the FIR reveals that it was filed as an afterthought when the applicant denied giving money to the complainant's family members. Additionally, he claims that the applicant never promised to marry the complainant nor engaged in any physical relationship with her. The present FIR, he argues, was registered solely to extort money, therefore, he prays for grant of anticipatory bail to the present applicant. 3 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 documents appended in the present anticipatory bail application. 6. Considering the facts & circumstances of the case and further the fact is that there was a pre-existing enmity between the applicant and the complainant's brother over money, and the present FIR was lodged to extort money from the applicant., therefore, without further 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 – Rahul Chandrakar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 the trial. (d) the applicant and the surety shall submit a copy of 4 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 Abhishek