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2025 DAILYLAW 54617 (CHH)

NIKET CHANDRAKAR v. STATE OF CHHATTISGARH

MCRCA/814/2025 · 2025-07-03

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Judgment text

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1 2025:CGHC:30648 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 814 of 2025 Niket Chandrakar S/o Shri Dilan Chandrakar Aged About 28 Years R/o Village Dahdaha, Police Station- Kurud, District Dhamtari, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Kurud, District Dhamtari, Chhattisgarh. ... Non-Applicant For Applicant :Mr. Bharat Rajput, Advocate. For Non-Applicant/ State :Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/07/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 112/2025(wrongly mentioned as 163/2025) registered at Police Station – Kurud, District Dhamtari (C.G.) for the offence punishable under Section 64(2)(M) of Bharatiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that on 02.05.2025 the victim lodged report at Police Station, Kurud to the effect that on the basis of false PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.07.05 13:19:26 +0530 2 assurances of marriage, the applicant took the victim in his Car bearing Registration No. CG-04-PA-5600 towards Rajim and while returning from Rajim, the applicant administered some alcoholic substance in cold drink in lonely place and after drinking the same, the victim became unconscious and in this condition, the applicant committed sexual intercourse with her and taken nude photograph in his mobile and on the basis of said nude photograph, the applicant is blackmailing and committed sexual intercourse with her on several times at different places. On the basis of said report, the alleged offence has been registered against the applicant. 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 that there was a consensual relation between the applicant and the victim who is a major girl and an FIR has been lodged against the applicant on account of that the applicant refused to marry her and established relationship on the pretext of marriage and further, the FIR was lodged after one year of incident. Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application. It is further submitted that the applicant committed sexual intercourse with the victim on the pretext of marriage. Hence, the applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and the fact that there was a 3 consensual relation between the applicant and the victim who is a major girl and an FIR has been lodged against the applicant on account of that the applicant refused to marry her and established relationship on the pretext of marriage and further, the FIR was lodged after one year of incident, hence, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Niket Chandrakar 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) 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 Preeti