1 2025:CGHC:25492 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3987 of 2025 Anish Dundi @ D Anish S/o D. Rama Chandra Aged About 30 Years R/o Deorikhurd Police Station- Torwa, District- Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through- District Magistrate (Wrongly Mentioned As Collector), District- Bilaspur Chhattisgarh ---- Non-Applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Non-Applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. For Objector : Ms. Saumya Sharma, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/06/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 159/2025 registered at Police Station Koni, District-Bilaspur (C.G.) for the offence punishable under Sections 78, 69, 351(2) of Bhartiya Nyaya Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant/victim lodged a report before the Police Station Koni, District Bilaspur KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 (C.G.) alleging inter-alia that the present applicant used to call through mobile phone to her and he used to contact the victim. It is further alleged that the present applicant also committed stalking the victim and some days prior he told the victim that he loved her and wanted to marry her which was denied by the victim then he proposed to be a friend. It is further alleged that after getting friendship of the victim, the present applicant used to visit in the locality of house of the victim and also used to send whatsapp messages. It is alleged that the present applicant came to house of the victim and asked to take her to his house for celebrating his niece's birthday and he gave cake to her and thereafter, took her to Bilasa Tal and thereafter committed forcibly sexual intercourse with her in the car. It is further alleged that the present applicant threatened her on her resistance. It is alleged that the present applicant demanded some money by sending whatsapp message regarding his admission in the hospital due to which the complainant sent online transfer of amount Rs. 20,000/- and 37,000/- to the account of the present applicant further the present applicant told her that they will marry in near future and asked for her Aadhar Card and PAN number which was given by the victim and thereafter, the present applicant demanded a sum of Rs. 5,00,000/- for starting some business but due to some technical issue, the amount could not be withdrawn then the present applicant misbehave started with the victim and blocked her mobile number. The victim, due to aforesaid reaction of the present applicant, came to his house where she was disclosed/ informed by some neighbor 3 that the little girl is not niece but daughter of the present applicant. She was informed that the present applicant is married person having two children, then the victim called the present applicant then it was disclosed by the present applicant that he is married but her wife has illicit relationship with his elder brother. It was further disclosed that his both the children are also result of relationship of his wife and his brother. On the report, the victim requested for taking action against the present applicant as he has made physical relationship with her on false pretext of marriage and also took some money by cheating. On the basis of report lodged by the complainant, police registered an offence bearing Crime No. 159/2025 for the offence punishable under Section 78, 69, 351(2) of Bharatiya Nyaya Sanhita, 2023 and the victim was sent to CIMS Hospital, Bilaspur where the doctor has opined that no definite opinion can be given at present, some articles were seized, applicant was arrested and after completion of entire investigation, charge-sheet was filed before the competent Court. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime in question. He further submits that the victim herself has stated in her written report that she was having friendship and love affair with the present applicant since long back and thereafter, on 03.01.2025 she was taken to Bilaspur-Ratanpur Road situated Bilasa Tal and on pretext of marriage, physical relationship was made but no report was lodged by her and subsequently it is alleged that the present applicant also demanded some money which was given by the 4 victim which clearly shows that if any relationship was made between the parties, it does not amount to commission of offence but it is a consensual physical relationship between the parties. He further submits that the written report clearly shows that the present applicant and the victim were working in the same institution and both of them are well educated persons, therefore, relationship between the parties does not amount to commission of offence but it is a consensual relationship with free and voluntary consent and will of the parties, He further submits that the statement of the victim is not corroborated by the doctor as the doctor has clearly opined that no definite opinion can be given at present and the victim has given money to the present applicant as per her written report. He further submits that the victim is a major lady aged about 23 years and involved in sexual relationship with the applicant as he was already a married person and the applicant is in jail since 08.04.2025 and the conclusion of the trial is likely to take some time. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that from perusal of the case diary, it appears that while working at March Padmashree Global School, she came into contact with the accused, Anish Masih. The accused expressed that he loved her and wanted to marry her, but the victim refused his proposal. However, they continued to stay in touch as friends and spoke over the phone. One day, the accused invited her to meet his niece, citing her birthday as a reason. He took her in his car from Bilaspur 5 towards Bilasa Tal (on Ratanpur-Koni road). There, he professed his love again and said he wanted to marry her. Then, inside the car, he forcibly undressed her and established sexual relationship with her. Later, the accused told her, he had been admitted to a hospital and took ₹57,000/- from her. He also demanded an additional ₹5 lakh to start a business. When couldn’t withdraw the money from the bank, he became angry and refused to marry her. Upon visiting his house, the victim discovered that the accused was already married and had two children. Accordingly, he is not entitled for grant of bail. 5. Learned counsel for the objector opposes the submissions made by the counsel for the applicant and submits that the accused invited her to meet his niece, citing her birthday as a reason. He took her in his car from Bilaspur towards Bilasa Tal (on Ratanpur-Koni road). There, he professed his love again and said he wanted to marry her. Then, inside the car, he forcibly undressed her and established sexual relationship. She further stated that the applicant had also made some obscene videos of the victim and demanded money. Accordingly, the present applicant is not entitled for grant of bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts & circumstances of the case, nature & gravity of offence, period of detention of the applicant since 08.04.2025, the fact that the the victim is a major girl aged about 23 years and she knew the present applicant for the long time and also considering the victim’s statement recorded under Section 183 of 6 the BNSS and further there is a delay of about 03 months in lodging the FIR for which no explanation has been offered and in the present case, charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 8. Let the Applicant-Anish Dundi @ D Anish, involved in Crime No. 159/2025 registered at Police Station Koni, District-Bilaspur (C.G.) for the offence punishable under Sections 78, 69, 351(2) of Bhartiya Nyaya Sanhita, 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial 7 court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Kunal