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.56/2026 registered at Police Station - Nawagarh, Dist- Janjgir- Champa (C.G.) for the offences punishable under Sections 351(3) & 64 of B.N.S.

2. Case of the prosecution, in brief, is that the complainant/victim lodged the complaint at P.S. Nagrauta, Jammu Kashmir, which has been transferred at P.S. Nawagarh for investigation, that in the complaint the victim stated that, since last 4-5 years she is in love relationship with one Ganesh Manjhi who is her neighbor, that on 25.12.2025 the victim and Ganesh Manjhi left their Vill- Kera and went to Korba wherein, they performed marriage thereafter, they went to Nagrauta, Jammu Kashmir. She further made allegation that when she was residing at Vill- Kera, Dist- Janjgir- Champa (C.G.) the applicant has developed the forceful physical relationship with her since last one year, and she has made sexual intercourse with her without her consent. She further alleged that the mother, brother and other family members were aware about the same but, they have also not taken any action against applicant as he made assault with them and threaten to kill them. It is also alleged that the wife of the applicant was also aware about the same, that because, of the sexual assault she is not feeling safe at Vill- Kera. On the complaint of the complainant P.S. Nawagarh registered the Crime No. 56/2026 for the alleged offence punishable U/s 351(3) & 64 of B.N.S. against the applicant.

3. It has been argued by learned counsel for the applicant that the applicant is the Sarpanch of the village and the victim who is a major girl had an affair with one Ganesh Manjhi who belong to a different caste and there was meeting was convened regarding the affair which was going between the victim and Ganesh Manjhi and the applicant slapped Ganesh Manjhi about this affair between the victim and Ganesh Manjhi and both the victim and Ganesh Manjhi had migrated to Jammu Kashmir where present FIR has been lodged by the victim that the applicant had sexually exploited her for a year. It is stated that the present FIR which was a zero FIR was transferred to district Janjgir-Champa and FIR has been registered. It is stated that because of the said animosity, the victim has lodged an FIR against the applicant. He would submit that the applicant is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by this Court, applicant is a permanent resident of address mentioned in the cause title and there is no chance of his absconding, therefore he prays to enlarge the applicant on anticipatory bail.

4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that there are 14 criminal antecedents of the applicant, out of which 9 cases are of preventive nature, in 3 cases the applicant has been acquitted, one case is under the IPC of the year 2012 & one case is pending, therefore he is not entitled for grant of anticipatory bail.

5. I have heard learned counsel for the parties and perused the materials available on record.

6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, perused the statement of the victim under Section 183 BNSS, considering the nature of allegation levelled against the applicant and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicant.

7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Santosh Koshle, 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.