1 2025:CGHC:61323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1714 of 2025 • Yogesh Kumar Kanwar S/o Shri Siya Ram Kanwar Aged About 29 Years R/o Q. No.01, C/8, Sahid Bhagat Singh Colony,korba, District- Korba, Chhattisgarh. ...Applicant versus • State of Chhattisgarh Through- Out- Post Manikpur, Police Station Kotwali Korba, District- Korba, Chhattisgarh. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Virendra Verma, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/12/2025 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 Crime No.638/2025 registered at Police Station – Kotwali, Korba District- Korba (C.G.) for the offences punishable under Sections 84, 64(2)(m), 115(2) of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.17 17:28:08 +0530 2 2. Case of the prosecution, in brief, is that offences alleged are under Section 87, 64(2)(M) of the Bharatiya Nyaya Sanhita, 2023 (corresponding to Section 376 IPC/Rape) and Sections 04 and 06 of the POCSO Act, 2012. The core allegation is that the Applicant established a physical relationship with the Prosecutrix, who was allegedly a minor at the time of the first incident (14.02.2021), under the false pretext of marriage. The Applicant and the Prosecutrix became acquainted through a mutual friend approximately four years ago. Their relationship soured about one year ago when the Applicant discovered that the Prosecutrix was befriending other males and he tried to counsel her, leading to the Prosecutrix starting to threaten the Applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He further submits that as per the 183 of BNS statement of the victim goes to show that she was in love relationship with the applicant since 2021 and she was consenting party, She had gone along with her sister to Raipur on 12.02.2021 and was met to applicant in a market and thereafter, on 13.02.2021 they had gone Raipur to Korba and on 14.02.2021, applicant established physical relationship first time with the victim at Korba on the pretext of marriage and the victim was a minor on the date of the incident. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and she further submits that in compliance of this Court’s order dated 07.11.2025, notice has been served to the victim/complainant regarding the pendency of this anticipatory bail, and she has stated that she has an objection for granting bail to the applicant, but she would not appear because at the present she is at another State. She also submits that as per the 183 of BNS statement of the victim goes to show that she was in love relationship with the applicant since 2021 and she was consenting party, She had gone along with her sister to Raipur on 12.02.2021 and was met to applicant in a market and thereafter, on 13.02.2021 they had gone Raipur to Korba and on 14.02.2021, applicant established physical relationship on the pretext of marriage till the 27.07.2025 and now the applicant has refused to marry her. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that prosecutrix was in love affair with the present applicant since 2021 and she was consenting party, also considering the 183 of BNS statement of the victim, 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 – Yogesh Kumar 4 Kanwar 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 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 vaishali