1 2025:CGHC:4977 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 130 of 2025 Vikas Ghasiya S/o Shri Mohan Ghasiya Aged About 32 Years R/o Nayak Villa, Near C.G. Eco City, Dadar Road, B.M.Y. Charoda, District- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station, Purani Bhilai, District – Durg (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Ms. Rekha Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 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. 08/2025 registered at Police Station – Purani Bhilai, District – Durg (C.G.) for the offence punishable under Section 376(2)(n) of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the written complaint was filed by the complaint alleging inter alia that in the year 2009 the applicant she RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 used to go in same tuition class when they were in 11th standard and became friends, then in the year 2012 the accused confronted that he wants to marry her, on 19.05.2014 the applicant for the first time sexually assaulted her on the pretext of marriage, she further alleged that since year 2014 till 2024 the applicant in different places has sexually exploited her on the pretext of marriage. Hence, this application. 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 the victim is a major girl, and there was a love affair between the applicant and the victim since year 2014, and thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant has committed sexual intercourse with the victim many times on the different occasions since 2014 till 2024. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 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 leveled against the applicant, and from the perusal of the case-diary, it transpires that the victim is a major girl, and there was a love affair between the applicant and the victim since year 2014, and thereafter, a consensual sexual relationship was established between 3 both of them, but the relationship could not be materialized, hence, she filed the FIR and she is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vikas Ghasiya on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar