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2025 DAILYLAW 55386 (CHH)

SAMUEL PAUL v. STATE OF CHHATTISGARH

MCRCA/1825/2025 · 2025-11-18

body2025

Judgment text

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1 2025:CGHC:56392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1825 of 2025 • Samuel Paul S/o Kailash Paul, Aged About 35 Years R/o Rajkishor, Briz Vihar Colony, Near Mahaveer City Mopka, Bilaspur, Police Station Sarkanda, District Bilaspur (C.G.) ... Applicant versus • State of Chhattisgarh Through Civil Line, Bilaspur, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shashank Upadhyay, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer For Objector Mr. Pranjal Agrawal, 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.1315/2025 registered at Police Station – Civl Line, District – Bilaspur (C.G.) for the offence punishable under Sections 69 of BNS, 2023. 2. The prosecution story, in brief, is that complainant made a written complaint to police that she knows present applicant since 2021 and they were living together in rented house situated at Rohini Vihar Phase 2 Bilaspur. On 20.12.2022 applicant committed forcefully VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.21 10:59:13 +0530 2 sexual intercourse with her on promise to marry her and during this time, applicant took Rs.19,00,000/- by cash and bank from prosecutrix. On the basis of said complaint aforesaid 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 by learned counsel for the applicant is that the victim is a major lady and she was working in Punjab National Bank and applicant is also Assistant Manager in Maruti Nexa and they had came in contact with each other in the year 2020 and they entered in a love affair and same was continue till July 2025, during this period for some time they lived in relationship and applicant made physical relation with the prosecutrix on the pretext of marriage, when prosecutrix came to know about this fact that applicant is already married person, she broke up their relationship and lodged complaint against the applicant. He also submits that some money was also transferred by the victim in the account of the applicant and 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 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 2020 and during this period on applicant made physical relation with her on the pretext of marriage at different times, therefore, he is not entitled for grant of anticipatory bail. 3 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 2020, 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 – Samuel Paul 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