1 2025:CGHC:9654 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 273 of 2025 Manish Kumar Sinha S/o Narendra Kumar Sinha Aged About 29 Years R/o F-Pocket, 39/b, Madouda Sector, Bhilai, Police Station - Newai, District - Durg (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - D. M. Durg, Through P.S. Bhilai Nagar, District- Durg (C.G.) ... Non-Applicant(s) For Applicant(s) : Mr. Sumit Singh, Advocate. For Non-Applicant(s) : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 25.02.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.51/2025 registered at Police Station Bhilai Nagar, District- Durg (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 64(1), 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Prosecution case in brief is that the on 30.01.2025, the complainant lodged a written complaint at Police Station Bhilai Nagar, District- Durg (C.G.) alleging therein that victim was acquainted with applicant since 2013, and both belongs to the same caste and society. Further, the applicant on the pretext of marriage established physical relationship with the complainant from 21.11.02021 to 03.10.2024 at her home in Bhilai and thereafter, refused to marry her, on the basis of above allegation FIR was registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that victim is a major girl aged about 30 years, victim and applicant are acquainted to each other since 2013, further there was consensual relationship between them and she was a consenting party. He also submits that there was a dispute arose between them in November, 2024, due to which, victim lodged complaint against the applicant with the intention to harass him, further from the medical reports of the victim goes to show that there is no external or internal injury found on the person of victim, hence he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant had established physical relationship with the victim on multiple occasions on the pretext of marriage, and later on refused to marry her, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, further considering the fact that victim is major girl aged about 30 years, applicant and victim have been acquainted to each other since 2013, they were in consensual relationship and she was a consenting party, further when their relationship could not be materialized, present FIR has been lodged by victim against applicant to harass him, also considering the statement of victim recorded under 183 of BNSS, as such, without further commenting anything on merits, this Court find it appropriate 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 - Manish Kumar Sinha, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, 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 4 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil