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2025 DAILYLAW 7313 (CHH)

DEVENDRA THAKUR v. STATE OF CHHATTISGARH

MCRCA/188/2025 · 2025-02-12

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Judgment text

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1 2025:CGHC:7555 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 188 of 2025 Devendra Thakur S/o Shri Tejsingh Aged About 28 Years R/o Village- Amurla, Ward No.- 1, Thana And Tahsil- Seoni, Distt.- Seoni (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Saraipali, Distt.- Mahasamund (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sunil Sahu, Advocate For Respondent(s) : Mr. U.K.S. Chandel, Dy. A.G. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 247/2024 registered at Police Station – Saraipali, Distt.- Mahasamund (C.G.) for the offence punishable under Sections 64, 64(2)(m), 87 and 69 of the BNS. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.13 13:47:29 +0530 2 2. Prosecution story in a nutshell is that the complainant victim aged about 27 years has lodged the report at Police Station Saraipali, Distt.- Mahasamund against the applicant with the averment that they had affair since last 3 years and the applicant is working in IIL company Saraipali, in the month of May complainant went to Bhopal for preparation of competitive exam and applicant met her at Bhopal and both of them came to Saraipali for performing the court marriage and resided in the rented premises for 3 months, during that period physical relations were developed but applicant denied for marriage and also switched off his cell phone therefore a report is made in the month of August 2024 in which the alleged offence has been registered and thana Police sought to arrest the applicant. 3. From perusal of the records, it transpires that in compliance to the Court’s order dated 04.02.2025 wherein against the submissions made by learned counsel for the applicant that the parties have settled their dispute, have got married and are living together peacefully, learned State Counsel was directed to verify the said fact, to which, learned State counsel submits that the said fact is true and the applicant and victim have got married and are living together. 4. As such, this Court deems it fit to grant benefit of anticipatory bail to the applicant. 5. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Devendra Thakur, on executing a personal bond with one local surety in the like sum to 3 the satisfaction of the arresting OfÏcer, 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 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 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) He shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek