1 2025:CGHC:17245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 517 of 2025 Shadab Ali S/o Shamsher Aged About 40 Years Occ. Service , R/o Chankapur Colony, Torwa, Bilaspur, Tehsil And District Bilaspur Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Lemru, District Korba, Chhattisgarh. ... Respondent For Applicant : Mr. Sudip Mallick, Advocate. For Non-applicant/State: Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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. 9/2025 registered at Police Station – Lemru District - VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.04.17 15:59:47 +0530 2 Korba (C.G.) for the offence punishable under Section 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023. 3. The prosecution's case, in brief, is that the applicant deceived the victim by falsely claiming to be Hindu and making a false promise of marriage. They became acquainted through Instagram on 28.01.2023 and remained in contact. On 10.03.2023, the Applicant took her to a resort in Bilaspur and later to a hotel in Raipur, where they stayed with their respective friends. During this stay, the Applicant proposed marriage to her. Five months later, on 06.08.2023, Applicant took her to a hotel in Satrenga, Korba, where he allegedly coerced her into a physical relationship under the pretext of marriage. They stayed together for three days, during which Applicant continued to assure her of marriage That further on 09.08.2023, the Informant discovered she was pregnant. When she informed the Applicant, he coerced her into taking abortion pills, leading to a miscarriage and causing her severe distress. That on 03.03.2025, the Applicant revealed that he was already married with two children and was a Muslim. Applicant offered to keep the informant as his second wife, provided she converted to Islam. Feeling deceived and exploited, the Informant filed the present complaint, seeking legal action against the Applicant for fraudulently concealing his religion, making false promises of marriage, sexual assault, and forcing her to convert. 3 4. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that there is no evidence of false promise of marriage the complainant continued the relationship even after the alleged incident, proving that there was no deception. Both are mature adults, and there is an unexplained and excessive delay of 1 year and 7 months in filing the FIR, raising doubts about its authenticity there is no proof that the applicant misled the complainant with a false promise of marriage. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel for the non-applicant/State, would opposes the bail application of the applicant 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 164 of the Cr.P.C. and there is an unexplained and excessive delay of 1 year and 7 months in filing the FIR, raising doubts about its authenticity. Therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shadab Ali on executing a personal bond and one surety in the like sum to the satisfaction 4 of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav