1 2025:CGHC:6113 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 182 of 2025 Krishna Sahu S/o Sanjay Sahu Aged About 22 Years R/o Station Road Lodhipara Gudiyari Raipur District - Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Khamtrai, District – Raipur (C.G.) ... Non-applicant For Applicant : Mr. Akath Kumar Yadav, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.02.2025 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. 1034/2024 registered at Police Station – Khamtrai, District – Raipur (C.G.) for the offence punishable under Section 64(2)(m) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the victim lodged a written report against the applicant in which she says to before one year ago she meets to applicant in wedding function and they exchanged phone number and after some day both are love to each other and they made a physical RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 relation on the pretext of marriage but after some time the applicant refused to marry the victim, therefore, the victim lodged the report against the applicant. Thereafter, the Police of Police Station concerned has registered the crime against the applicant. 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 and already married girl aged about 26 years old, and there was a love affair between applicant and victim and the victim is the consenting party. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant has committed sexual intercourse with the victim on the pretext of marriage and after some time the applicant refused the victim to marry her. 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 and already married girl aged about 26 years old, and there was a love affair between applicant and victim and the victim is the consenting party, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the 3 event of arrest of the applicant – Krishna Sahu 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:- (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