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2025 DAILYLAW 60507 (CHH)

ABHAY TANDON v. STATE OF CHHATTISGARH

MCRCA/1859/2025 · 2025-12-04

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Judgment text

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1 2025:CGHC:59319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1859 of 2025 • Abhay Tandon S/o Manu Tandan Aged About 21 Years R/o Village Arjuni, P.S. Akaltara, District- Janjgir- Champa (C.G.) ... Applicant versus • State of Chhattisgarh Through P.S. Akaltara, District- Janjgir- Champa (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Anchal Kumar Matre, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer For Objector Ms. Monisha Yadav, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.578/2025 registered at Police Station – Akaltara, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 376(2)(n) of IPC. 2. The prosecution story, in brief, is that on 05.11.2025, the prosecutrix had lodged an FIR against the present applicant alleging that she was in love relation with the applicant since two years, the applicant and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.08 11:01:34 +0530 2 prosecutrix made physical relation of the first time on 14.02.2023 and allegedly the applicant continued to make physical relations on pretext of marriage, the last time they allegedly made physical relation was on 01.10.2025, thereafter FIR has been registered against the applicant. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is submitted by learned counsel for the applicant that the present applicant and the prosecutrix were in a relationship and were known each other since 2023. It is further argued by learned counsel for the applicant is that victim is a major girl. Further there was consensual relationship between them. He further submits that investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State as well as learned counsel appearing for the Objector would oppose the bail application of the applicant and submits that as per the statement of the prosecutrix recorded under Section 183 of BNS, in which she stated that prosecutrix and present applicant were in a relationship and they were known each other since 2023 and applicant made physical relation with her on the pretext of marriage at different times, 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, levelled against the present applicant and looking to the statement of the prosecutrix recorded under Section 183 of BNS, wherein she has admitted that 3 the applicant and prosecutrix was in contact since 2023, prosecutrix is major girl and she was consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abhay Tandon 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 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 himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali