1 2025:CGHC:57831 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1681 of 2025 Shubham Giri Goswami S/o Digamber Giri Goswami, Aged About 28 Years R/o Ward No. 29, Podibahar, Korba, Police Station Civil Line Korba, Tehsil And District Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station- Civil Line, Rampur, District- Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer For Objector : Mr. Amit Singh Chouhan, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 1. The matter is listed today for hearing on I.A. No. 01/2025 i.e. application for preponing the hearing of the instant bail application. 2. Learned counsel for the applicant submits that the instant anticipatory bail application is pending before this Hon’ble Court. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.11.27 19:13:03 +0530 2 The matter was earlier listed on 03-11-2025, and since the case diary was not available, the Court had directed it to be listed after two weeks. However, due to an inadvertent typographical error, it was mentioned as “after four weeks.” In view of the above, the applicant respectfully prays that the hearing of the instant bail application may kindly be preponed at the earliest possible date. 3. Considering the submissions of learned counsel for the applicant that the listing of the bail application was inadvertently mentioned as “after four weeks” instead of “after two weeks,” and noting the presence of learned State counsel as well as learned counsel for the objector, this court proceeds to hear the matter finally. 4. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 553/2025 registered at Police Station – Civil Line, Rampur, District- Korba (C.G.) for the offence punishable under Section 69 of the BNS, 2023. 5. The prosecution case in brief is that the FIR discloses that the victim’s marriage was solemnized in the year 2013. Due to illness, her husband passed away on 22-02-2022. The applicant, who resided in a nearby house, was well known to the victim. It is alleged that soon after the death of the victim’s husband, the applicant lured the victim on the pretext of marriage, and both of them began residing together. During this period, the applicant is 3 alleged to have established physical relations with the victim on multiple occasions. Despite the victim’s requests to formalize the marriage, the applicant allegedly refused, citing one reason or another. Further, it is alleged that in December 2024, the victim became pregnant. The applicant is alleged to have provided medicines which resulted in the termination of the pregnancy. It is also alleged that on 04-09-2025, the applicant again established physical relations with the victim, and upon her request to marry, he once again refused. 6. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated, as he has not committed any offence alleged by the prosecution. It is further submitted that even if the prosecution case is accepted at its face value, prima facie it reflects a case of consensual relationship, as the applicant and the victim reside in the same locality. The victim is a major girl who knew the consequences of her actions, yet she voluntarily maintained a relationship with the applicant from 22.02.2022 to 04.09.2025, i.e., for more than three years. It is further submitted that the only allegation against the applicant is that the victim became pregnant during the course of their relationship, but no provision of the Bhartiya Nagrik Suraksha Sanhita is invoked in this regard, as also reflected from the bail order passed by the learned trial Court. During their relationship, the victim repeatedly demanded money from the applicant, and when he declined, she allegedly abused and assaulted him, 4 causing him injuries. The applicant is a young man of about 28 years, working as a Ward Boy, and denial of bail would cause irreparable hardship to him, hence he prays for grant of anticipatory bail to the applicant. 7. On the other hand, learned State counsel as well as learned counsel for the objector oppose the prayer for grant of anticipatory bail to the applicant and also the submissions made by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused all of the documents taken on record. 9. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, also considering the fact that the applicant is a young man of about 28 years, working as a Ward Boy, and has no previous criminal antecedents. Prima facie, the allegations indicate a consensual relationship between the applicant and the victim, who is a major, and there is no invocation of any provision under the BNSS against him. Considering the above, also considering the statement of victim recorded under Section 183 of BNSS, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 10. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shubham Giri Goswami, 5 on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek