1 2025:CGHC:1785 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 29 of 2025 Dilip Guha S/o Shishir Guha Aged About 28 Years R/o Totapara Village Kalipur P.S. Parpa Jagdalpur District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Police Station Nagarnar, District Bastar (C.G.) ... Non-applicant For Applicant : Mr. Praveen Kumar Tulsyan, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.01.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.239/2024 registered at Police Station Nagarnar District- Bastar, (C.G.) for the offence punishable under Sections 64(1), 64(20, 83 of B.N.S. Act. 2. Prosecution case, in brief, is that, the victim has lodged the report before the Police Station Nagarnar, against the present applicant alleged therein that he has made physical relationship with her on the ground of pretext of marriage now he is not ready to perform KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 marriage with her. Therefore, FIR has been lodged against the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent person and he has been falsely implicated in this case. He further submits that the medical report of the victim does not corroborate the allegation of the complainant. The victim is a major and married lady and as per allegation she is consenting party and having love affair for since last two years therefore no case is made out against the present applicant under section 64(1), 64(2), 83 of B.N.S. Act. He further submits that the F.I.R. has lodged after a long delay without any sufÏcient reason and as per F.I.R. itself, in the presence of two witnesses they have performed the marriage in the temple and thereafter, they are residing in a rental house, when some dispute has been arose between them on 11.11.2024 victim herself written a letter to the Village Sarpanch for counseling, whereas she categorically stated that they have perform the marriage and residing as husband and wife. Now she has been lodge the F.I.R. on the ground that applicant is not performing the marriage with her. He further submits that on 14.11.2024, the present applicant has lodged a written complaint to the station house ofÏcer P.S. Parpa District Bastar (C.G.) and submitted that victim along with her sister and mother tortured to him and demanding money from him and also given threaten to him to lodge the false F.I.R. against him. There is conversation between the victim and present applicant in the whatssapp chatting in that she 3 clearly demanding the money and so many things. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the firstly they started talking with each other over phone and WhatsApp, which led to a romantic relationship. However, the accused did not disclose that he was married. In June 2023, they went to Triya Jungle, where the accused forcibly established physical relations with her, promising to marry her. Then he took her to various lodges, where he exploited her physically. For some time, he kept her in a rented house, controlling her phone's OTP and restricting her interactions with others, threatening to kill her if she disobeyed. When the victim pressured the accused to marry her then he took her to a Shiv temple in Gulmi, Odisha, on November 3, 2024, where he performed a marriage ritual with her. However, he soon reduced contact with her and stopped answering her calls. On December 12, 2024, the accused visited her rented house, used abusive language and physically assaulted her in front of neighbors. He then forced her to sign a sworn afÏdavit on a ₹10 stamp paper, declaring their separation. Considering the aforesaid act committed by the applicant, he is not entitled to get 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, that the victim is a major and married lady and having love affair with the applicant for a long time despite knowing every thing about the applicant and 4 further the FIR has been lodged after a long delay for which there is no explanation has been offered. Therefore, without further commenting anything on merits, 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- Dilip Guha on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on anticipatory 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 their 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal