1 2025:CGHC:744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1499 of 2024 Ashish Banjare S/o Dilip Banjare Aged About 22 Years (Age Not Mentioned In The Order Sheet) R/o Tilda, P.S. Nevra, Dist - Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Tilda - Nevra, Raipur, Dist - Raipur Chhattisgarh. ... Non-applicant For Applicant : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Mr. Hariom Rai, 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. 589/2024 registered at Police Station – Tilda - Nevra, Raipur, District - Raipur (C.G.) for the offence punishable under Section 376(2)(n), 417, 294, 323 of the Indian Penal Code, 1860. (for short IPC). 2. As per prosecution story, in brief, is that on 04/12/2024, the victim/complainant lodged a written complaint at P.S. Tilda-Nevra, 2 Raipur, stating that she had been working at Khushi Hospital since April 2023, where the applicant was also employed. Over time, they developed a close relationship. The applicant promised to marry her and assured her that he would make her his wife. On 05/06/2023, the applicant allegedly established physical relations with her against her will. Subsequently, on 09/09/2024, he took her to Arya Samaj Mandir, Raipur, where they got married. Since then, they had been living together. However, on 26/10/2024, the applicant called her to meet around 8 a.m., and when she asked him to take her to his house, he started abusing and assaulting her. Later, when she went to work and tried to contact the applicant, his phone was found to be switched off. The complaint alleges that the applicant gave false assurances, sexually exploited her, married her, and then absconded. Based on her complaint, Crime Number 589/2024 under Sections 376(2)(n), 417, 294, and 323 of the Indian Penal Code, 1860, was registered at P.S. Tilda-Nevra, Raipur, District Raipur, C.G., and the police are searching for the applicant. Upon learning about the registration of the case, the applicant filed an application under Section 482 of the Code of Criminal Procedure for anticipatory bail. However, the trial court rejected this application vide its order dated 11/12/2024, leading to the filing of the present bail application. 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 and complainant had love affair and after brief period of time they got married in the arya samaj mandir and since 3 then they were living peacefully. It is further submitted that the relation between them was also consensual. He further submits that the complainant has also explained inordinate delay to lodge the FIR. It is further submitted that the FIR has been lodged by the complainant under family pressure because the family of victim was against the marriage. He further submits that the present applicant has no criminal antecedents. 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 present applicant on the pretext of marriage committed sexual intercourse with the victim and assaulted her, 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 183 of the BNSS, it appears that the victim and the present applicant were in a consensual relationship and they established sexual relationship and after brief period of time they got married in the arya samaj mandir and since then they were living peacefully thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim. Therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashish Banjare, 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 Rahul Dewangan