1 2025:CGHC:30181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 954 of 2025 Kuldeep Kumar Gupta S/o Rajnarayan Gupta Aged About 19 Years (Wrongly Mentioned In Order Sheet), R/o Village- Natwahi, P.S./tehsil- Sonhat, District- Koriya, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The Police Of Sonhat, District- Koriya (C.G.) ... Respondent For Applicant : Shri Chandresh Shrivastava, Advocate. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03/07/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.04 16:30:03 +0530 2 Crime No.82/2025 registered at Police Station – Sonhat, District- Koriya (C.G.) for the offences punishable under Sections 3(5), 69, 351(2) Bharatiya Nyaya Sanhita (BNS), 2023 and 67 & 67(a) of Information Technology Act, 2008. 2. Case of the prosecution, in brief, is that the victim had a love affair with the accused Kuldeep since one year. On 14.03.2025, the accused Kuldeep took the victim to his house in village Natwahi and had physical relations with her every day. The accused used to make obscene videos and photos on his mobile by threatening the victim. The accused had physical relations with the victim for the last time on 25.05.2025. During that time, when the victim asked the accused to go to her house, the accused started threatening the victim to make the obscene videos and photos viral. On 25.05.2025, the victim went to her house in village Singhor without telling anyone, then the accused Kuldeep made the obscene video viral. On basis of such complaint a criminal case number 82/2025 has been registered against accused Kuldeep Kumar Gupta by Sonhat police station under sections 69, 351 (2), 3 (5) BNS and 67, 67 (A) IT Act. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the instant case. He would submit that mere perusal of the FIR itself would reveal that the prosecutrix is a major lady and have married with the applicant and there after only they have resided together and only 3 in the heat of passion she had made complaint. He would submit that prosecutrix and the applicant were having affair and subsequently both have married and were discharging their liabilities of matrimonial life and only for the reason when the applicant objected for allowing her to go to his parental house the complaint has been made. He would submit that the statement of the prosecutrix recorded when she was recovered would itself reveal that she herself of her own free will went with applicant and married with the applicant, and were discharging their matrimonial duties. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, also perused the statement of the victim under Section 183 BNS, considering the fact that the victim and the applicant had love affair and they were known to each other and also considering the fact that investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kuldeep Kumar Gupta, on executing a personal bond and one surety in the like sum to 4 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 his adhaar card along with a coloured 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 gouri