Anticipatory bail may be granted in cases of alleged sexual offences on the pretext of marriage if there is evidence of mutual consent and intention to marry, such as a registered affidavit executed by both parties.

Order on Board

1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.18/2025 registered at Police Station – Ajak Surajpur, District- Surajpur (C.G.) for the offences punishable under Sections 64(2)(m) of BNS, Section 6 of POCSO and Section 3(2) (v) of SC/ST Act .

2. In compliance with this court's order dated 20.01.2026, the victim appeared through DLSA, Surajpur, and objected to granting bail to the applicant.

3. Case of the prosecution, in brief, is that the victim herself has filed a written complaint at concerned Police Station alleging therein applicant had physical relations with a tribal girl from August 2023 to 07.12.2025 on the pretext of marriage.

4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit the allegations made in the complaint are inherently false, exaggerated and contradictory as the victim herself voluntarily met the applicant in October 2025 and thereafter accompanied him to the Civil Court, Bilaspur, where both executed and affidavit expressing their mutual consent and intention to marry. A copy of consent affidavit for living separately is annexed as Annexure-A/3. It is further contended that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail.

5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail.

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

7. Considering the facts and circumstances of the case, the gravity of the offence, and the allegations levelled against the applicant, and further considering that the victim herself voluntarily met the applicant in October 2025 and thereafter accompanied him to the Civil Court, Bilaspur, where both executed an affidavit expressing their mutual consent and intention to marry, a copy of which is annexed as Annexure-A/3, and also taking into consideration that the investigation and trial are likely to take considerable time, this Court is inclined to grant anticipatory bail to the present applicant.

8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Hupendra Rajwade, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:-

(a) The applicant 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) The applicant 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 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) The applicant shall not involve himself in any offence of similar nature in future.