Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:50949
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1569 of 2025 • Anil Kumar S/o Gorelal Aged About 22 Years R/o Village- Sukhadda, P.S. Dabhara, District- Janjgir-Champa (C.G.)
... Applicant versus • State of Chhattisgarh Through- Police Station - Janjgir, District- Janjgir-Champa (C.G.)
... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Vikas Kumar Pandey, Advocate For Respondent/State : Ms. Smriti Shrivastava, 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.650/2025 registered at Police Station – Janjgir, District – janjgir-Champa (C.G.) for the offence punishable under Section 64(2)(m) of BNS, 2023.
2. The prosecution story, in brief, is that the prosecutrix has lodged written report before the concerned police station against the applicant stating that the applicant has committed sexual intercourse with her on 29.03.2025 to 08.07.2025 on the pretext of marriage. Thereafter offence has been registered against the applicant. Hence, this application. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.10.14 18:54:58 +0530
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3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been 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 and she was a consenting party. It is further argued by
learned counsel for the applicant is that prosecutrix is a married lady and she is having two children and the applicant is unmarried, when applicant came to know about the fact that prosecutrix is a married lady and their relationship could not be materialized therefore, complainant made a complaint against applicant. Further there was consensual relationship between them and there is no external and internal injury found on the body of the prosecutrix investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant.
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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 she is a married lady and having two children and she is having love affair with the applicant and 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.
6. Considering the facts and circumstances of the case, levelled against the present applicant and prosecutrix is married lady and having two children, she was consenting party, looking to the statement of the prosecutrix recorded under Section 183 of BNS, there was no internal or external injury found on the body of the victim, therefore, without
3 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 – Anil Kumar 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