1 2025:CGHC:8384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 243 of 2025 Suraj Chandravanshi S/o Shri Santosh Chandravanshi, Aged About 24 Years, R/o Bhareli, Pandatarai, Tahsil Bodla, District- Kabirdham Chhattisgarh. ... Applicant versus State of Chhattisgarh Through- District- Magistrate, District- Kabirdham ( C.G. ). ... Non-Applicant For Applicant : Ms. Neelam Jaiswani, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Dy. Government Advocate. For Objector : Mr. T.S. Sahu, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order on Board 18/02/2025 1 This first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.01/2025, registered at Police Station – Mahila Thana Kawardha, District – Kabirdham, (C.G.) for the offence punishable under Sections 64(2)(M), 87, 137(2) of Bharatiya Nyaya Sanhita and Section 06 of the Protection of Children from Sexual Offence Act, 2012. 2 The prosecution case in brief, is that the victim lodged a written report on 17.01.2025, at the Police Station-Kawardha. In her report, she stated PREETI KUMARI Digitally signed by PREETI KUMARI 2 that in 2022-2023, while she was in Class 11, Suraj Chandravanshi proposed to her, but she rejected his proposal. Despite her refusal, the applicant repeatedly expressed his love for the victim and allegedly threatened to defame her, harm her, and prevent her from continuing her studies if she didn't accept his proposal. After completing Class 11, the victim moved to her village, Bemetra, to study in Class 12. There, the accused approached her again, and seeing his persistence and affection, the victim eventually accepted his proposal. Subsequently, the accused insisted on meeting the victim, and on 16.02.2024, the day of the victim's school farewell, he took her on his motorcycle to his friend's rented house. Knowing she was a minor, he lured her with the promise of marriage and engaged in physical relations with her despite her refusal. He then took her to Singh Hotel in Mungeli and had physical relations with her again. Later, he called the victim to Raipur, where he again engaged in physical relations with her. After this, he sent her back home, instructing her to wait until she turned 18. Later, the accused and his family met in Kawardha and promised to marry her once she turned 18. On 24.12.2024, when the victim turned 18, she asked the accused to marry her, but he refused. Based on the victim's report, a First Information Report (FIR) has been registered against the applicant/accused, Suraj Chandravanshi, at the Women's Police Station- Kawardha under Crime No. 01/2025. The FIR has been registered under Sections 376(2)(m), 417, 493(2) of the Indian Penal Code, 1860, and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The case is currently under investigation. 3 Learned counsel for the applicant submits that the applicant is innocent and falsely implicated under the POCSO Act, as the victim was over 18 years of age at the time of the incidents mentioned in the FIR. She 3 attained the age of majority in February 2024, which can be verified from her Aadhaar Card, indicating her date of Birth as 24.02.2006. Further, there is an inordinate delay of six months in lodging the FIR. She further submits that the victim has been involved in similar activities with other individuals and has maintained comparable relationships with multiple persons. Hence, he prays for grant of anticipatory bail to the present applicant. 4 On the other hand, learned counsel for the State as well as learned counsel for the Objector opposes the bail application and submits that from perusal of the case diary, it appears that the present applicant had made physical relationship with the victim on the pretext of marriage. She was stated that when she was in 11th Grade, the present applicant first proposed to her, but she rejected him. Thereafter, the applicant threatened to defame her, kill her, and disrupt her education. Subsequently, she moved to her village, Bemetara, to complete her education, but the applicant also reached there and continued to harass her. She alleged that the applicant promised to marry her once she turned 18 years old, however, when she reached age of 18, he refused to marry her. Accordingly, he is not entitled to grant of bail. 5 I have heard learned counsel appearing for the parties and perused material available on record. 6 Considering the facts and circumstances of the case, submissions made by the parties and from perusal of the statement recorded under Section 183 of B.N.S.S. of the victim girl which goes to show that the present applicant had made physical relationship with the victim on the pretext of marriage, she further stated that when she was in 11th Grade, the present applicant first proposed to her, but she rejected him, thereafter, the applicant threatened to defame her, kill her, and disrupt her education, 4 subsequently, she moved to her village, Bemetara, to complete her education, but the applicant also reached there and continued to harass her, moreover she alleged that the applicant promised to marry her once she turned 18 years old, however, when she reached age of 18, he refused to marry her, as such, this Court deems it appropriate to reject the anticipatory bail of the present applicant. 7 Accordingly, the Anticipatory Bail application of applicant - Suraj Chandravanshi involved in Crime No.01/2025, registered at Police Station – Mahila Thana Kawardha, District – Kabirdham, (C.G.) for the offence punishable under Sections 64(2)(M), 87, 137(2) of Bharatiya Nyaya Sanhita and Section 06 of the Protection of Children from Sexual Offence Act, 2012, is rejected. Sd/- ( (Ramesh Sinha) Chief Justice Preeti