Kusmunda, District Korba (C.G.) v. State Of Chhattisgarh Through
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:9374 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 248 of 2025 Aniket Singh S/o Shri Kanteshwar Singh Aged About 24 Years R/o - C- 65, Nehru Nagar, Kusmunda Colony, Police Station - Kusmunda, District Korba (C.G.). ... Applicant versus State Of Chhattisgarh Through - Station House OfÏcer, Police Station - Sarkanda, District Bilaspur (C.G.). ... Non-applicant For Applicant
Legal Reasoning
: Mr. Dharmesh Shrivastava, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice 24.02.2025 Order on Board 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.150/2025 registered at Police Station Sarkanda District- Bilaspur, (C.G.) for the offence punishable under Section 69 of B.N.S. 2. Prosecution case, in brief, is that on 25.01.2025, the complainant lodged a report before the Police Station Kusmunda alleging inter- alia that she is resident of Sarkanda who came into contact with the present applicant in the year 2024 and they gave mobile numbers to 2 each other and thereafter started conversation. It is alleged that after some meetings in the month of April, the present applicant called the victim to his house and told her that he loved her and wanted to marry her which was ignored by the victim. It is further alleged that till a period of 1 and a half months, the present applicant was promising and enticing her by various means and after a period of two months, the present applicant get wore a ring to the victim by promising her to marry, then on 20.09.2024, the victim went to house of the present applicant where he forcibly made physical relationship with the victim and assured her to marry at the earliest. It is further alleged that the she started living with the present applicant where the present applicant made physical relationship with her and when she conceived then the present applicant get abortion by saying that till today they are not married. It is further alleged that on 21.01.2025, the present applicant returned back to his house at Kusmunda by leaving her alone in Bilaspur then she also reached to house of the present applicant at Kusmunda who refused to marry her. On the basis of written report, the Police Station - Kusmunda registered FIR bearing Crime No. 01/2025 for the offence punishable under Section 69 of Bharatiya Nyaya Sanhtia, 2023 and the same was sent to Police Station - Sarkanda for further investigation, where the matter is pending. Charge- sheet has not been filed and matter is being investigated by the police of Police Station - Sarkanda, District - Bilaspur (C.G.). 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He 3 further submits that no offence has been committed by the present applicant but both the parties are well educated and the relationship was made between them with consent of both the parties and the present applicant has not committed an offence under Section 69 of Bharatiya Nyaya Sanhita, 2023. Even if the entire case of the prosecution is taken as it is no offence under Section 69 of Bharatiya Nyaya Sanhita, 2023 could be made out on plain reading of the report lodged by the victim. He further submits that the allegation that on the pretext of marriage she was sexually exploited by the present applicant since last about one year which seems to be false and baseless. Even if the entire case of the victim/ complainant is taken as it is no offence under Section 69 of Bharatiya Nyaya Sanhita, 2023 is made out. Neither forcibly sexual intercourse nor physical relationship without consent of the victim was made by the present applicant and it is clear that false promise of marriage cannot be made as she is well educated lady who knows the pros and cons of such a relationship and entered into it with wide and open eyes based on her consent and volition. He further submits that there is inordinate delay in lodging report as time of offence is stated to be from 20.09.2024 to January, 2025 and report is lodged on 21.01.2025, therefore from the first date of relationship it is about 4 months delay and from the last date of alleged crime more than 10 days delay in lodging report, therefore the applicant is entitled to be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the present applicant was 4 established physical relations with her on the pretext of marriage, on account of which she became pregnant then the present applicant get abortion by saying that till today they are not married and thereafter, he refused to marry with her. Accordingly, the present applicant is not entitled for grant of anticipatory bail. 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 offence, levelled against the applicant and further it appears from the statement of the victim, it appears that the victim is a major girl aged about 24 years and having love affair with the applicant for a long time despite knowing every thing about the applicant and further the FIR has been lodged after an inordinate delay for which there is no satisfactory explanation has been offered therefore, without further commenting anything on merits, I am inclined 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- Aniket Singh on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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. 5 (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 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal