1 2025:CGHC:56441 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1731 of 2025 Vijay Gupta S/o Late Jagdish Prasad Gupta Aged About 50 Years R/o Village Bagicha, Thana And Tahsil Bagicha, District- Jashpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Bagicha, District- Jashpur (C.G.) ... Respondent For Applicant : Mr. Vikas Kumar Pandey, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.11.2025 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.240/2025 registered at Police Station – Bagicha, District - Jashpur (C.G.) for the offences punishable under Sections 366A, 376(2) (N) of the IPC. 2. The prosecution case in brief is that on 11/10/25 the prosecutrix has lodged written report before P.S. Bagicha, District Jashpur (C.G.) against the applicant stating that the applicant has committed sexual intercourse with her on 01/01/2020 on pretext of marriage. Thereafter VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.20 11:56:38 +0530 2 the police station Bagicha District Jashpur (C.G.) has registered Crime No.240/2025 against the applicant. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is about 50 years of age and is serving as Headmaster at Government School, Sarudab, Bagicha, District Jashpur (C.G.). He is a married person and father of two children aged about 21 and 17 years. The prosecutrix is also a married woman and works as a sweeper at Government Primary School Jovla, Bagicha, District Jashpur (C.G.), and the applicant, being the Cluster In-charge (Sankul Prabhari) of the prosecutrix’s school, had merely instructed her to perform her duties properly and maintain cleanliness in the school; however, she frequently remained absent due to mental health issues and often misbehaved with the applicant, due to which she has falsely implicated him. It is further submitted that the applicant had earlier provided Rs. 15,000/- to the prosecutrix for her medical treatment, and she continued to demand money from him upon his refusal to provide further financial assistance, she lodged a false report before Police Station Bagicha on 24.06.2025. The prosecutrix has lodged this false complaint solely to harass the applicant, especially when, as per the medical report, no external or internal injuries were found on her body. Moreover, the alleged incident pertains to more than five years and nine months prior, and the delay in lodging the report clearly reflects malafides. The applicant reserves his right to raise additional grounds at the time of hearing. The applicant is a permanent resident of the address mentioned in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses. He is ready to 3 abide by any directions or conditions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand learned State counsel State opposed the bail application of the present applicant and submits that the present applicant on the pretext of marriage established physical relationship with the victim, therefore, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it appears that the victim is a divorcee and that she and the present applicant were in a consensual relationship and had voluntarily established physical relations. Thereafter, their relationship could not materialize, and consequently, the present FIR was lodged by the victim on the allegation that the applicant refused to marry her. Therefore, without making any further observations on the merits of the case, this Court is 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 – Vijay Gupta, 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) he 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) he shall not act in any manner which will be 4 prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav