1 2025:CGHC:4523 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 129 of 2025 Ankit Sahu S/o Dinesh Sahu Aged About 23 Years R/o Village Dharampura, House No. 34/1, Ward No. 12, District Bemetara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Nandghat, District Bemetara (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. For Objector : Mr. T.S. Sahu, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.01.2025 1. 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.266/2024 registered at Police Station Nandghat, District Bemetara (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 64, 64(2)M, 332(B), 296, 351(2) and 115(2) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the applicant/accused had established physical relationship with victim on various occasions on the pretext of marriage and later on, he refused to marry her, he also abused and assaulted the victim, thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely been implicated in the present case. He would further submit that the victim is major girl, she was having love affair with applicant for four years, which shows that she was a consenting party. He would also submit that there are 4 years of delay in lodging the FIR, the main reason behind lodging the FIR is that, victim has been pressurized when her parents came to know about their relationship, further both belongs to same caste, hence he prays for grant of anticipatory bail to the applicant. 4. Learned State counsel has opposed the prayer for grant of anticipatory bail. 5. Learned counsel for the objector has opposed the prayer for grant of anticipatory bail and submits that applicant/accused had established physical relationship with victim on multiple occasions on the pretext of marriage and later on, refused to marry her, he also assaulted the victim, further there is injuries found on the 3 person of victim, as per Medical Report, therefore, the applicant is not entitled for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, also considering the fact that victim is major girl and she was a consenting party, she had been in consensual relationship with the applicant for about four years and when their relationship could not be materialized, she lodged the present FIR against the applicant with the intention to harass him, also considering the statement of victim recorded under Section 183 of BNSS, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ankit Sahu, on executing a personal bond with 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. 4 (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. (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