1 2025:CGHC:50950 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1567 of 2025 • Shahid Minj S/o Jeevan Minj Aged About 30 Years R/o Hardisand, Post- Baniya, Tahsil - Sitapur, Police Station- Sitapur, District- Surguja (C.G.) ... Applicant versus • State Of Chhattisgarh Through The Station House Officer, Police Station- Patthalgaon, District- Jashpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ajeet Kumar Yadav, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.174/2025 registered at Police Station – Patthalgaon, District – Jashpur (C.G.) for the offence punishable under Sections 376(2)(n) of IPC & 64(2)(m) of BNS, 2023. 2. The prosecution story, in brief, is that on 25.08.2025 the prosecutrix lodged report at police station patthalgaon alleging therein that in the year 2020, she acquainted with the applicant through Facebook and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:59 +0530 2 since then they used to talk with each other through phone. On 31.12.2020 the applicant came in the motorycycle and took her in J.P. Lodge and committed sexual intercourse with her by giving assurance of marriage. Thereafter the applicant has committed sexual intercourse with her on several times till 27.072025 and thereafter he refused to marry her. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the present applicant and the prosecutrix were in a relationship and were known each other since 2020. She was a consenting party. It is further argued by learned counsel for the applicant is that victim is a major girl. Further there was consensual relationship between them. He further submits that investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State would oppose the bail application of the applicant and submits that as per the statement of the prosecutrix recorded under Section 183 of BNS, in which she stated that prosecutrix and present applicant were in a relationship and they were known each other since 2020 through Facebook and after some time present applicant started communicating with the prosecutrix over the phone and told her he loved her, during this period on 31.12.2020, applicant made physical relation with her on the pretext of marriage at different times, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, levelled against the present applicant and looking to the statement of the prosecutrix recorded under Section 183 of BNS, wherein she has admitted that the applicant and prosecutrix was in contact since 2020, prosecutrix is major girl and she was consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shahid Minj 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali