1 2025:CGHC:4761 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 113 of 2025 Ramesh Singh S/o Brijnandan Singh Aged About 31 Years R/o House No. 20, Village Ghagra, Pirha, Gawan, District- Giridih (Jharkhand) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Civil Line, District- Raipur (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Pritam Singh, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. Vikas Upadhyay, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.01.2025 1. Mr. Hariom Rai, learned cousnel for the objector appears and submits that he has wrontly filed his power on behal of objector and as such, he seeks permission of this Court to withdraw the same. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prayer is allowed. Mr. Rai permitted to withdraw his power on behal of the objector and he is discharged. 3. 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.613/2024 registered at Police Station Civil Line, District- Raipur (C.G.) for the offence punishable under Section 64(2)(m), 296, 351(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 4. Prosecution case in brief is that when victim was working at the Tulip Arena hotel in Labhandi, Raipur, in March 2022. There, she met Ramesh Singh, who was also working at the hotel. During their conversations, Ramesh Singh would often tell her that he would marry her. In October 2022, Ramesh Singh took her to the Vansh Palace hotel near Mahasamund taxi stand in Raipur, where he allegedly established physical relationship with victim on the pretext of marriage. This incident was followed by several other instances of physical relationships at different locations, and Ramesh Singh also took money from her for buying land in Raipur, totaling Rs 6,80,000/-. Ramesh Singh bought the land on his own name using the said money. Whenever she would ask him to marry, he would delay, saying that he would consult his family. On 20.11.2024, he had again established physical relationship with victim at the Sunshine hotel in Pachpedi Naka, 3 Raipur. When she asked him to marry her, he refused, saying she belonged to a lower caste and his family would not agree. He also hurled abused on her and threatened to kill her if she insisted on marriage. It was only on 04.12.2024, that she discovered Ramesh Singh was already married, and he had been deceiving her all along, thereafter, the offence has been registered against the applicant. 5. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He further submits that the victim was in consensual relationship with the applicant since 2022 and she was a consenting party, so far as the allegation of monetary transaction is concerned, she has demanded money from the applicant, which he denied, due to which, she registered false FIR with ulterior motive, further she already aware about the fact that the applicant is married. He also submits that the victim has expressed her no objection in granting bail to the accused/applicant before the learned Additional Sessions Judge (FTC) Raipur, District – Raipur, hence he prays for grant of anticipatory bail to the applicant. 6. Learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant had established physical relationship with the victim on multiple occasions on the pretext of marriage and also took financial help from her, therefore, the applicant is not entitled for grant of bail. 4 7. Learned counsel for the objector submits that victim has no objection, if the present applicant has been granted anticipatory bail and the said fact is also expressed by her before learned Additional Sessions Judge (FTC) Raipur, District – Raipur (C.G.). 8. I have heard learned counsel for the parties and perused the case diary. 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 victim has no objection, if the present applicant has been granted anticipatory bail and the said fact is also expressed by her before learned Additional Sessions Judge (FTC) Raipur, District – Raipur (C.G.), 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 - Ramesh Singh, 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 5 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