CHANDRAKANT JALCHHATRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This anticipatory bail application under Sec. 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 508/2024 registered at Police Station - Chakradharnagar, District - Raigarh (C.G.) for the offence punishable under Sec. 69 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

(2.) The prosecution story, in brief, is that the victim lodged a written compliant in the Police Station concerned alleging inter alia that for the purpose of obtaining birth certificate and other documents, since past two months, she is residing in Raigarh with her sister and brother-in-law at Vijaypur Chowk, Raigarh, and on 30/9/2024, she took a gym membership in Too More Fitness, Vijaypur, Raigharh, wherein, the applicant was a gym trainer, since then they started talking and chatting over phone, further, the accused expressed his love and intent to get married, thereafter on 9/10/2024, both decided to watch a movie and the applicant told the victim that his house is empty and they can watch movie in his house, and called the victim to his house to which the victim went and there applicant established physical relationship with her on the pretext of marriage, thereafter on 15/10/2024 on the occasion of birthday of the applicant, in order to celebrate his birthday, the applicant took the victim to Hotel Janki, wherein also they established physical relationship on the pretext of marriage. Hence, this application.

(3.) It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 23 years old, and there was a love affair between the applicant and the victim, and thereafter, a consensual 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. Therefore, he prays for grant of anticipatory bail to the applicant.