1 2025:CGHC:20493 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 651 of 2025 1 - Nikhil Netam S/o Shri Kalaram Netam Aged About 26 Years R/o Vill. - Ghongha, Bilha, Distt. - Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Police Station - Sirgitti, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Praghalbha Sharma, Advocate For State : Mr. Sakib Ahmed, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/05/2025 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.190/2025 registered at Police Station – Sirgitti, District-Bilaspur (C.G.) for the offences punishable under Sections 64(2-m)of BNS. 2. Brief facts of the case are that, a major prosecutrix has lodged an FIR against the applicant that from 01.03.2023 to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.06 18:05:23 +0530 2 23.03.2025, she was subjected to sexual assault by the applicant on pretext of marriage. Hence the FIR. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the prosecutrix and applicant are adults and the prosecutrix had established physical relationship with him at her own free will and consent. He also submits that the applicant had never forcefully committed any sexual intercourse with her. He further submits that the consent of both the families their marriage was fixed with the prosecutrix and their engagement-ceremony was performed on 02.04.2025, thereafter dispute arose between the applicant and prosecutrix, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that prosecutrix is a major lady and there is a love affair between the prosecutrix and applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Nikhil Netam 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali