1 2025:CGHC:8916 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 256 of 2025 Virendra Pratap Chouhan S/o Shri Thakur Prasad Chouhan Aged About 25 Years Occupation- Student, R/o Village- Hati, Thana- Kapu, Tahsil- Chhal, Distt.- Raigarh (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Kapu, Distt.- Raigarh (C.G.) ... Non-Applicant For Applicant : Mr. Sunil Sahu, Advocate. For Non-Applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.02.2025 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. 18/2025 registered at Police Station – Kapu, District - Raigarh (C.G.) for the offence punishable under Sections 69 and 77 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI 2 2 Prosecution case in brief, is that the complainant/victim aged about 24 years has lodged the report at Police Station Kapu, Distt. Raigarh against the applicant on 26.01.2025 with the averment that on 23.11.2022 she came to contact with the applicant through Instragram and use to talk with her and on 25.07.2024, thereafter applicant reached to her house and on pretext of marriage developed the physical relation with her and the same is continue till the lodging of the report further allegation is that at present applicant refuse to perform the marriage, therefore, a report is made in which the above mentioned offence is registered and then Police sought to arrest the applicant. 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in offence in question. It is submitted that the victim is a major lady aged about 24 years and there is love relation between them for more than 02 years and the physical relations were developed with her consent at her house which is clear from the report as well as the statement given by the victim. He further submitted that the they have performed the Court marriage but the applicant who is the regular student has requested some time to performed the marriage due to said reasons complainant consumed the poisoning substance and put the pressure upon the applicant to perform the marriage immediately and when the family members of the applicant did not ready for marriage then, the present report is lodged. Further, the statement of complainant as well as medical report is considered the victim is 3 consenting party. Hence, this anticipatory bail application is liable to be allowed. 4 On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail. It is further submitted that the applicant has committed sexual intercourse with the victim on the pretext of marriage. Hence, this anticipatory bail application is liable to be rejected. 5 I have heard learned counsel for the parties and perused the case diary. 6 Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from perusal of the statement, it appears that the victim is a major lady aged about 24 years old and there is love relation between them for more than 02 years and the physical relations were developed with her consent at her house which is clear from the report as well as the statement given by the victim, further she is the consenting party, hence, at this stage without expressing any opinion on the merits of the case, this Court deems it appropriate to grant anticipatory bail to the present applicant. 7 Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Virendra Pratap Chouhan, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, they 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 his from disclosing such fact to the 4 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 her 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 herself in any offence of similar nature in future. Sd/- Sd/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti