NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCRC No. 5192 of 2024 Order Reserved on 23.07.2024 Order Delivered on 29.07.2024 Vishwajeet Ghosh S/o Ghosh @ Swapan Ghosh Aged About 25 Years Rajkishor Nagar, Thana Sarkanda Dist. Bilaspur (C.G.)

---- Applicant Versus State of Chhattisgarh Through Police Station Civil Line, Bilaspur, District Bilaspur (C.G.)

---- Respondent (Cause title taken from Case Information System)

For Applicant : Mr. Kishore Bhaduri, Sr. Advocate with Mr.

Shryansh Mehta and Mr. Yashkaran Singh, Advocates.

For Non-Applicant/ State : Mr. UKS Chandel, Dy. Advocate General Hon'ble Shri Justice Narendra Kumar Vyas

CAV Order

1. This is the irst bail application iled under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 415/2024 registered at Police Station- Civil Line, Bilaspur, District Bilaspur (C.G.) for the ofence punishable under Sections 376 of the Indian Penal Code.

2. Case of the prosecution, in brief, is that on 05.05.2024 the victim lodged written report in Police Station Civil Line, Bilaspur alleging that on 07.12.2023 at about 8 PM, the applicant called her and took her to lonely place of Uslapur where on the false pretext of marriage, he committed forceful sexual intercourse with her in his car. Thereafter the applicant took her to Ujjain where he applied vermilion on her forehead and stated now we will reside as husband and wife and there he committed sexual intercourse with her. It is alleged that the victim disclosed the incident to the family member of the applicant then they asked her to abort the foetus in her womb and refused to accept her. It is also alleged that cousin brother of the applicant abused and assaulted her and the other family members of the applicant pressured her to abort the foetus and took her to Apollo Hospital for abortion then the victim did not agree for abortion and returned back. It is alleged that application for marriage was submitted by the applicant before the Registrar of Marriage but on the date of registration of marriage, neither he picked up her mobile nor he came there and made excuse that he was busy due to some urgent work. It is also alleged that while she was going to the house of the applicant for the purpose of marriage then the applicant in presence of his relative took her in his room where the applicant committed forceful sexual intercourse with her. On the basis of report lodged by the victim, the Police has registered the ofence under Section 376 of the IPC against the applicant.

3. Learned Senior counsel for the applicant would submit that the applicant has not committed any ofence and he has been falsely implicated in the case. He would further submit that the victim was in a consensual relationship with the applicant since 2023 on her own willingness, shared her mobile number with him. He would further submit that the victim of her own free will visited diferent places with the applicant. He would further submit the victim is a major lady and well aware of the consequence of physical relationship despite that she has made physical relationship with the applicant. Learned Senior counsel for the applicant would further submit that from perusal of the FIR, it is clear that there was consensual act done by the applicant, thus the offence does not fall within the ambit of Section 376 IPC. To substantiate his submission he has referred to the judgments of Hon’ble Supreme Court Deepak Gulati vs. State of Haryana 2013(7) SCC 675,Kaini Rajan vs. State of Kerala 2013(9) SCC 113 and Pramod Suryabhan Pawar vs. State of Maharashtra and another 2019(9) SCC 608 and would submit that since the alleged offence is a consensual act on the part of the victim, as such offence under Section 376 is not made out and prays for enlarging the applicant on regular bail.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and would su