1 2025:CGHC:749 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1505 of 2024 Vicky Paswan (Wrongly Mentioned Vicky Naswan) S/o Basant Paswan Aged About 30 Years R/o Village - Godarmana, P/S - Ranka, Distt.- Garhwa, Jharkhand (Wrongly Mentioned Distt.- Balrampur-Ramanujganj), C.G. ... Applicant versus The State of Chhattisgarh Through The Police Station - Ramanujganj, District- Balrampur-Ramanujganj, C.G. ... Non-Applicant For Applicant : Mr. Rahul Mishra, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, 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. 205/2024 registered at Police Station – Ramanujganj, District – Balrampur - Ramanujganj (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution story, in brief, that the victim, a 24-year-old woman, filed a First Information Report on November 22, 2024, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.07 12:09:27 +0530 2 alleging that the applicant engaged in sexual intercourse with her in 2019 under the pretext of marriage, resulting in the birth of a female child. It is further alleged that the applicant had been living with the victim as his wife for 5-6 years but is now refusing to formalize their marriage, prompting the victim to file the report against the applicant. 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 it is an admitted fact that the present applicant and the victim were in a live-in relationship with each other's consent for approximately 5-6 years. During this period, they engaged in a physical relationship, resulting in the birth of a female child. He further submits that due to some disputes, they decided not to live together and amicably settled their dispute by executing a written agreement on November 8, 2024. Therefore, he prays for grant of anticipatory bail to the present 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 applicant engaged in sexual intercourse with the victim in 2019 under the pretext of marriage, resulting in the birth of a female child and thereafter, denied, 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 from perusal of the statement of the victim recorded under Section 164 of the 3 Cr.P.C., it appears that the victim and the present applicant were in a live-in relationship with each other's consent for approximately 5-6 years, 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 – Vicky Paswan (Wrongly Mentioned Vicky Naswan), 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 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