1 2025:CGHC:21446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 671 of 2025 Namit Kosaria (wrongly mention as Kosharia in the Trial Court Order) Aged About 35 Years, S/o T. G. Kosaria , Assistant Engineer, Department Of Public Health Engineering Posted At Sub Division- Champa Distt- Janjgir-Champa, R/o Q No. Q/44, Avanti Vihar, Sector- 2, Raipur C.G. ... Applicant versus State Of Chhattisgarh Through The Police Station Civil Line, Bilaspur, Distt.- Bilaspur (C.G.) ... Respondent For Applicant : Shri Anurag Dayal Shrivastava, Advocate. For Respondent/State : Mrs. Subha Shrivastava, PL. For objector : Shri Vikas Pandey, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 08/05/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.13 11:11:26 +0530 2 for grant of anticipatory bail, apprehending his arrest in connection with Crime No.431/2025, registered at Police Station Civil Line, Bilaspur CG for alleged commission of offence punishable under Section 69 of Bharatiya Nyaya Sanhita 2023. 2. Case of the prosecution, in brief, is that the complaint has been lodged by the complainant that since last 6-7 years the Applicant has maintained the sexual relationship with her by making false promise of marriage. She has stated in the complaint that she is working as Associate Professor in Chhattisgarh Institute of Medical Science (CIMS), Bilaspur since last 7 years. She met with the Applicant in the month of December 2018 and in the month of March 2019 the Applicant had proposed for marriage. She has further stated that on 12-11-2019 the Applicant took her to his house and by pretending to marry had developed the sexual relationship and thereafter continuously has maintained such relationship by promise to marry. In the meantime on 02-03-2023 she became pregnant and got an abortion done after being deceived by the applicant. On the said complaint the FIR for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita 2023 has been registered. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the applicant is Assistant Engineer in the department of Public Health and Engineering and at present posted at sub-division Champa, Distt-Janjgir-Champa CG and the 3 complainant is having degree of MBBS, MS and at present posted as Associate Professor in Chhattisgarh Institute of Medical Sciences, Bilaspur, she is aged about 37 yrs and the age of the applicant is 35 years. He would submit that a bare perusal of FIR dated 18-04-2025 clearly establish that the complainant and the applicant had come in contact in the year 2018 and their relationship survived more than 6 years and, therefore, it is highly improbable that such long time relationship survived only on assurance of marriage. He would further submit that the complaint has been lodged, as per her own statement, when the applicant had settled his marriage with some other woman and applicant got married on 19-04-2025. He would submit that the applicant is a Government Servant and is resident of Avanti Vihar, Raipur and there is no apprehension of his absconding, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector oppose the prayer 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, considering the nature of allegation levelled against the applicant that since last 6-7 years the applicant has maintained the sexual relationship with the complainant by making false promise of marriage and in 4 the meantime on 02-03-2023 she became pregnant and got an abortion done after being deceived by the applicant and also considering the fact that the applicant got married with some other girl on 20-04-2025, therefore considering the conduct of the applicant, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Namit Kosaria, involved in Crime No.431/2025, registered at Police Station Civil Line, Bilaspur CG for alleged commission of offence punishable under Section 69 of Bharatiya Nyaya Sanhita 2023 is rejected. Sd/-Sd S S Sd/- (Ramesh Sinha) Chief Justice gouri