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2025:CGHC:40204
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1214 of 2025 Martanda Pratap Singh S/o Keshwar Prasad Premi Aged About 30 Years R/o Village Amdi, Police Station Dhaurpur District Surguja, Chhattisgarh ... Applicant
versus State Of Chhattisgarh Through The Sho, Police Station Sirgitti, District Bilaspur, Chhattisgarh ... Respondent
For Applicant : Mr. Siddharth Pandey, Advocate. For Non-applicant/State : Mr. S.S. Ubeja, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 11.08.2025
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. 191/2025 registered at Police Station – Sirgitti, District - Bilaspur (C.G.) for the offences punishable under Sections 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.12 11:30:58 +0530
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2. The prosecutrix and the applicant met in December, 2020 in Chandra Academy Bilaspur, while preparing for the civil services examination. The prosecutrix herself gave the marriage proposal: however, the applicant refused till he settled in life, but the prosecutrix got infuriated and threatened the applicant with suicide. The applicant thereafter narrated the entire story to his family, who then visited the house of the prosecutrix on 14.05.2024; however, the prosecutrix was older than the applicant by 6 years, therefore, the applicant refused to marry the prosecutrix. In July, 2024, the prosecutrix lodged a complaint in Parivar Paramarsh Kendra, Bilaspur and under coercion, the applicant was made to sign an affidavit on 04.07.2024. On 13.05.2024, the prosecutrix went to Village Amdi along with her family members, where a social meeting was called, but due to the age of the prosecutrix, the marriage proposal was refused by the applicant's family. Aggrieved by the threat of the prosecutrix, the applicant lodged a written complaint on 15.04.2025 with the Police Station Civil Lines, Bilaspur, CG. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the relationship between the applicant and the prosecutrix was consensual in nature. When the relationship between them turned sour, the prosecutrix lodged the FIR against the applicant.
He further submits that there is a huge delay in lodging the FIR as the relationship between the parties initiated on 13.02.2022 and ended only on 06.10.2024 which shows that the entire event is an afterthought. He further submits that in this case charge-sheet has already been filed therefore, he prays for grant of anticipatory bail to the present applicant. 3 / 4
4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it appears that the victim, aged about 36 years, and the present applicant were in a consensual relationship and had established a sexual relationship. Thereafter, their relationship could not materialize, and consequently, the present FIR was lodged by the victim on the ground that the applicant refused to marry her. Therefore, without making any further comments on the merits of the case, this Court is inclined to grant anticipatory bail to the present applicant
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Martanda Pratap Singh, on executing a personal bond and 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.
4 / 4 (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 vaibhav