2026:CGHC:2805 Digitally signed by VAISHALI NAFR VAISHALI LUCKY LUCKY NAGARIA NAGARIA Date:

2026.01.19

10:56:26 HIGH COURT OF CHHATTISGARH AT BILASPUR +0530 MCRCA No. 95 of 2026 • Durga Prasad Parsana Das Mahapatra S/o Late K.B. Das Mahapatra Aged About 43 Years R/o Village- Balai, Pandapuri (Odisha)

... Applicant versus • State of Chhattisgarh Through - The Station House Officer, Police Of Police Station Mana Raipur, District- Raipur (C.G.)

... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Manish Nigam, Advocate For Respondent/State : Ms. Palak Dwivedi, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

16.01.2026

1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.318/2025 registered at Police Station – Mana Raipur, District – Raipur (C.G.) for the offence punishable under Sections 376(2)(N) of Indian Penal Code.

2. The case of the prosecution, in brief, is that the applicant made sexual intercourse with the prosecutix on the pretext of marriage, therefore the crime as mentioned above has been registered against applicant is innocent and has been falsely implicated in this case. It applicant and the prosecutrix were in a relationship and were known to each other and she was a consenting party. It is further argued by learned counsel for the applicant is that victim is a major girl. Further there was consensual relationship between them and when the relationship could not materialized she lodged FIR against the present applicant. He further submits that investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant.

4. Learned counsel for the State oppose the bail application of the applicant and submits that as per the statement of the prosecutrix recorded under Section 183 of BNS, in which she stated that prosecutrix and present applicant were in a relationship and they were known to each other since 2022 thereafter applicant made physical relation with her on the pretext of marriage at different times, therefore, he 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, levelled against the present applicant and looking to the statement of the prosecutrix recorded under Section 183 of BNS, wherein she has admitted that the applicant and prosecutrix was in contact since 2022, prosecutrix is major girl and she was consenting party. Therefore, without further commenting anything on merits, I am inclined to grant anticipatory

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Durga Prasad Parsana Das 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 their adhaar card alongwith a colored 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.

Sd/-

(Ramesh Sinha)

Chief Justice vaishali