1 2025:CGHC:53615 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1674 of 2025 Ashwin Prabhakar S/o. Anand Prabhakar Aged About 24 Years R/o. Anand Park, Durgakund Road, Near Vankati Hanuman Temple, Bhelupur, District Varanasi (Uttar Pradesh) ... Applicant versus State Of Chhattisgarh Through Police Station Tarbahar, Bilaspur, District – Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Senior Advocate, assisted by Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. For Objector : Mr. Shiwang Utkarsh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.11.2025 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. 267/2025 registered at Police Station – Tarbahar, Bilaspur, District – Bilaspur (C.G.) for the offence punishable under Sections 376(2)(n) of IPC. 2. The prosecution story, in brief, is that the complainant has lodged the present F.I.R. on 19.08.2025 inter alia on the allegations that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant and complainant met in the year 2020 when they were pursuing their B. Tech Degree from SRM College Chennai and since then they got acquainted to each other and they entered into the relationship. It has been alleged that, the applicant was having affair in the year 2021 and therefore, the complainant and applicant stopped talking to each other for sometime. Thereafter, the applicant persuaded the complainant and forced her to into relationship with her and since then he has been establishing sexual relationship with the complainant. It has also been alleged that, they have met in Hotel in Bilaspur and the applicant has committed sexual intercourse with the complainant without her consent. Further, it has been alleged in the F.I.R. that the applicant assured the complainant that, he will marry her and he has also informed his parent about the same and on the said pretext he has again committed the sexual intercourse with the complainant since 19.05.2025 until 23.05.2025 when he travelled from Varanasi to Bilaspur and was staying in hotel in Bilaspur. That on the basis of the aforesaid allegations the present F.I.R. has been registered against the present applicant. 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 aged about 23 years old, and the victim and the applicant were studying together in SRM College Chennai, she came in contact with the applicant and they started having an affair to each other, but the applicant also had a girlfriend which was objected by the victim, thereafter, they further continued the relationship and a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, and the victim was a consenting party. Therefore, he prays 3 for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposed the bail application and submits that from the perusal of the case diary, it transpires that the applicant has made sexual intercourse with the victim on the pretext of marriage, furthermore, the applicant has threatened the family members of the victim to reveal the pictures of the relationship of the victim. 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 aged about 23 years old, and the victim and the applicant were studying together in SRM College Chennai, she came in contact with the applicant and they started having an affair to each other, but the applicant also had a girlfriend which was objected by the victim, thereafter, they further continued the relationship and a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, and the victim was a consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashwin Prabhakar 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:- 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar