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2025 DAILYLAW 49935 (CHH)

HERMON EKKA v. STATE OF CHHATTISGARH

MCRCA/1618/2025 · 2025-10-16

body2025

Judgment text

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1 2025:CGHC:51942 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1618 of 2025 Hermon Ekka S/o Simon Ekka Aged About 61 Years R/o House No. 06, Kanha Homes, Shanti Nagar, Ring Road No. 2 Nehru Nagar, Police Station Civil Line Tahsil And District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Police Station Sakri District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sudhir Verma, Advocate. For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Ms. Priya Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.10.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.543/2025 registered at Police Station 2 Sakri District- Bilaspur (C.G.) for the offence punishable under Section 64(m), 115, 296 of BNS / 376(2)n, 323, 294 of IPC. 2. Prosecution case in brief is that the applicant/accused, from 12.04.2024 onwards, allegedly deceived the victim by promising marriage and forcibly engaged in sexual relations with her whenever the opportunity arose. When the victim demanded that he marry her, the applicant/accused reportedly abused and physically assaulted her, and refused to marry her. Based on this complaint, on 07.08.2025, the police registered FIR No. 543/2025 at Police Station Sakri under Sections 376(2)(n), 394, and 323 of the Indian Penal Code. Prima facie evidence available in the case diary indicates the involvement of the applicant/accused in the alleged offences. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that on account of some monetary dispute between the applicant and victim, present applicant has been implicated in the present case. He also submits that victim is widow lady aged about 35 years and there was consensual relationship between the applicant and victim, in which, victim was a consenting party, further when their relationship could not be materialized, present FIR has been lodged by the victim against the applicant, hence he prays for grant of anticipatory bail to the applicant. 3 4. Learned State counsel has opposed the prayer for grant of anticipatory bail. 5. Learned counsel for the objector submits that the applicant is alleged to have deceived the victim with a promise of marriage, forcibly engaged in sexual relations, and physically assaulted her when she demanded marriage, therefore, he is not entitled for grant of bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, and the fact that though the applicant is alleged to have deceived the victim with a promise of marriage, forcibly engaged in sexual relations, and physically assaulted her when she demanded marriage, but victim is a widow lady aged about 35 years, she was in consensual relationship with the applicant and their relationship could not be materialized, present FIR has been lodged by her against the applicant, 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. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Hermon Ekka, on 4 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) 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 Akhil