1 2025:CGHC:6873 HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 204 of 2025 Vinay Kumar Jaiswal S/o Shri Ghurelal Jaiswal Aged About 30 Years R/o Village Bulawa, Sakaldiha, District - Chandouli (U.P.). --- Present Address - Sargi Para, Ward No.-13, Village- Surangpani, P.O. - Rasela, Chhura, Gariyaband District - Gariyaband (C.G.). ... Applicant versus State of Chhattisgarh Thgrough Station House OfÏcer, Police Station - Mujgahan, Raipur, District - Raipur (C.G.). ... Non-applicant For Applicant : Ms. Smita Jha, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer For Objector : Mr. J.K. Gupta, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06.02.2025 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. 07/2025 registered at Police Station – Mujgahan, District - Raipur (C.G.) for the offence punishable under Section 64 of the Bhartiya Nyaya Sanhita, 2023 (for short BNS). 2. The prosecution's case is that the complainant, who is preparing for the Civil Service exam, started chatting with the applicant on social 2 media 18 months prior. In July 2024, the applicant allegedly forced the complainant to visit Raipur, where they engaged in a physical relationship under the pretext of marriage. He also allegedly forced her to take a tablet to prevent pregnancy. The applicant repeated this behavior on 02.10.2024, claiming his parents were willing to marry her. However, after 19.12.2024, the complainant discovered the applicant was already married. She subsequently filed a report at Padmanabhpur Police Station in Durg on 04.01.2025, which was later transferred to Mujgahan Police Station in Raipur, as it fell under their jurisdiction. The applicant was charged under Section 64 of B.N.S.S in Crime No. 07/2025. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. She submits that the victim is a 30-year-old major lady. She further submits that the present applicant is an army personnel who has been serving for the last 10 years. He also submits that the applicant is ready to furnish adequate surety and shall abode by all the directions and condition which may be imposed by this Hon’ble Court, hence, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the applicant on the pretext of marriage committed sexual intercourse with the victim, and thereafter, denied, therefore, he is not entitled for grant of anticipatory bail. 5. Learned counsel appearing for the objector opposes the bail application of the applicant. 3 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and upon perusal of the victim's statement recorded under Section 183 of the BNSS, it appears that the victim, a 30-year-old lady, was in contact with the applicant through social media for approximately 18 months prior to the incident and was a consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vinay Kumar Jaiswal, on executing a personal bond and one surety in the like sum to 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 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. 9. Certified copy today. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.06 16:41:20 +0530