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Judgment
8 paragraphs · 496 wordsRamesh Sinha, CJ.
This is first anticipatory bail application filed by the applicant under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023, for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.80/2026 registered at Police Station - Basna, District -Mahasamund (C.G.) for the offence punishable under Sections 69 of BNS, 2023.
Case of the prosecution, in brief, is that the Complainant/Victim had lodged an F.I.R on 21.02.2026, alleging that the present Applicant used to visit her aunt/bua at village Durugpali, where both developed a liking for each other and moved into a love affair. They remained in contact telephonically since September 2023, where it is alleged that from 15.06.25 to 02.10.25, the applicant made forceful physical/sexual relations with the complainant/victim multiple times by giving false pretext of marriage, and later on his family & the applicant had denied to marry her. Thus, on the complaint, F.I.R.no. 80/2026 had been lodged on 21.02.2026 U/s 69 of B.N.S., hence, this bail application.
Learned counsel for the applicant submits that the applicant is innocent and he has falsely been implicated in the present case. He would submit that victim is a major girl and she came in contact with the applicant since the year 2023 and thereafter, they developed their relationship and made physical relation. Since they belong to different communities, their respective families did not approve of their marriage. Subsequently, the applicant married another woman. Thereafter, the victim lodged an FIR against the applicant. He further submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.
On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that as per the statement recorded under Section 183 of BNS of the victim, wherein she deposed that she came into contact with the applicant in 2023. The applicant made physical relations with the victim several times, thereafter, the applicant refused to marry her and married to another girl. Therefore, the present anticipatory bail application of the applicant is liable to be rejected.
I have heard learned counsel for the parties and perused the case diary.
Considering the facts & circumstances of the case, gravity of offence, submissions made by learned counsel for the parties, the allegations levelled against the applicant, statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, the victim has stated that applicant made physical relations with the victim several times on the pretext of marriage, and refusing to marry her, after which he married another girl, as such, I am not inclined to grant anticipatory bail to the applicant.
Accordingly, the anticipatory bail application of the applicant-Deepak Patel filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 involved in Crime No.80/2026 registered at Police Station - Basna, District - Mahasamund (C.G.) for the offence punishable under Sections 69 of BNS, 2023, is rejected.
