1 2025:CGHC:56389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1828 of 2025 • Anwar Khan S/o Late Jumma Khan Aged About 26 Years R/o Nunbirra Masjid Mohalla, Police Station - Kartala, District - Korba Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station - Civil Line Rampur, Korba, District - Korba Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Vaishali Mahilong, Panel Lawyer For Objector Mr. Shubham Malik, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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.689/2025 registered at Police Station – Civil Line, Rampur District – Korba (C.G.) for the offence punishable under Sections 69 of BNS, 2023. 2. The case of the prosecution, in brief, is that the prosecutrix lodged a report against the present applicant alleging inter-alia that the present applicant used to visit City Dental Hospital for treatment of his sister and other relatives, then he acquainted with the prosecutrix and other girls of the hospital staff and it is further alleged that during this period, the present applicant received mobile number of the prosecutrix from the other female VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.20 16:59:19 +0530 2 staff of the hospital and started conversation and chatting with the prosecutrix through mobile call and Instagram. It is further case of prosecution that in the month of March, 2024 the present applicant proposed the prosecutrix on the ground that both of them belong to same caste and thereafter he took the prosecutrix on 19.04.2024 to take breakfast in the house of lady friend of the prosecutrix situated behind Ravi Diary in Kashinagar Korba. It is alleged that the present applicant gave a cold drink to her with the breakfast and after taking the cold drink, she became unconscious and the sexual present applicant committed forcibly intercourse. It is further alleged that the prosecutrix told him to lodge a report then the present applicant promised (Naziya Vachan) her to marry. It is further alleged that on 27.05.2024, the present applicant took the prosecutrix in Hotel Akash, T.P.Nagar where she was subjected to sexual exploitation by the present applicant on false pretext of marriage. It is also alleged that on 22.07.2024 to 10.08.2025 the present applicant has committed forcibly sexual intercourse on false pretext of marriage. The prosecutrix came to know by some person that the present applicant has entered into engagement on 06.10.2025 with a resident of Baloda despite his promise with the prosecutrix for marriage. On the basis of aforesaid written report, the Police Station - Civil Line Rampur, the offence punishable under Section 69 of Bharatiya Nyaya Sanhtia, 2023 and investigation was initiated. Charge-sheet has not been filed and matter is being investigated by the police of Police Station - Civil Line Rampur, Korba, District - Korba (C.G.). 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 2024 and 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 3 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 as well as learned counsel for the Objector 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 2024 through Instagram and the present applicant proposed the prosecutrix on the ground that both of them belong to same caste and thereafter he took the prosecutrix on 19.04.2024 to take breakfast in the house of lady friend of the prosecutrix situated behind Ravi Diary in Kashinagar Korba. It is alleged that the present applicant gave a cold drink to her with the breakfast and after taking the cold drink, she became unconscious and the sexual present applicant committed forcibly intercourse and thereafter applicant made physical relation with her on the pretext of marriage at different times, when the prosecutrix came to know by some person that the applicant has entered into engagement on 06.10.2025 with a resident of Baloda despite his promise with the prosecutrix for marriage, she lodged an FIR against the applicant 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 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 2024, 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 – Anwar Khan 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:- 4 (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