1 2025:CGHC:7543 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 216 of 2025 Hiralal Sahu S/o Gajraj Sahu Aged About 47 Years R/o Village Kosmarra, Post Kosmarra, Tehsil Bhakhara, District Dhamtari (C.G.). ... Applicant versus State of Chhattisgarh Through P.S. - Bhakhara, District Dhamtari (C.G.). ... Non-Applicant For Applicant : Mr. Prasoon Agrawal, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer 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 Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 08/2025 registered at Police Station – Bhakhara, District – Dhamtari (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, the complainant filed a written report on 18.01.2025, stating that on 02.02.2021, the accused, ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.13 13:47:30 +0530 2 Heeralal, invited her to his tailor shop and professed his love, promising to marry her. He then established a physical relationship with her. It is further alleged that on multiple occasions, he engaged in sexual relations with her. On 12.10.2024, the accused took her to a rented room in Dantitola, Dhamtari, where they stayed for five days and had sexual relations. The accused allegedly continued to exploit this relationship, taking the complainant to various locations and engaging in sexual relations with her. When the complainant asked him to marry her, he refused. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He argues that both the applicant and the victim are married, and the victim was aware of this fact. Furthermore, he submits that the applicant and the victim were in a consensual love relationship, with the victim being a willing participant. Therefore, counsel contends that the allegation of committing sexual intercourse with the victim under the pretext of marriage is false, therefore, 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 engaged in sexual intercourse with the victim under the pretext of marriage and thereafter, denied, therefore he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the applicant and the victim both are married, and the victim was aware of this fact. Furthermore, the applicant and the victim were in a consensual love relationship, and she was a consenting party, 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 – Hiralal Sahu, 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. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek