Goverdhan Singh Rajput vs State Of Chhattisgarh

Ramesh Sinha, J

This first anticipatory bail application under Section 482 of the

Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who are apprehending his arrest in connection with

Crime No. 862/2024 registered at Police Station – Sakri, District-Bilaspur (C.G.) for the offence punishable under Sections 376(2)(n) of Indian Penal Code and Sections 65(2), 351(2)(3) of the B.N.S.

Prosecution case in brief is that the on 06.11.2024 the prosecutrix has lodged the report before the Police Station Sakri alleging that the applicant has made physical relation with her on the pretext of marriage on 30.01.2022 till the date of lodging the F.I.R. and has also threatened to viral obscene photo of prosecutrix. On the basis of above report the Police has registered the crime against the applicant.

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 married lady aged about 45 years and having 5 children, and she known the applicant since last 05 years and she physical relation with the applicant for her will and consent, further there is dispute between the applicant and husband of victim regarding the money transaction, hence, she filed the FIR only the obtained huge amount from the applicant and she is the consenting party. They further submits that the applicant has three previous criminal antecedents under the IPC in which he has been acquitted in one case bearing Crime No. 26/2013 by the trial Court. Hence, this anticipatory bail application is liable to be allowed.

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 and has also threatened to viral obscene photo of the victim. Hence, this anticipatory bail application is liable to be rejected.

I have heard learned counsel for the parties and perused the case diary.

Considering the facts and circumstances of the case, nature and gravity of allegation made against the applicant and from the perusal of the statement, it transpires that the victim is a married lady aged about 45 years and having 05 children, and she known the applicant since last 05 years, thereafter, a sexual relationship was established between both of them, but the relationship could not be materialized, hence, she filed the FIR and 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.

Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Goverdhan Singh Rajput, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 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.