1 2025:CGHC:25473 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 809 of 2025 Shiva Chauhan S/o Late Heeralal Aged About 33 Years R/o B-15, Gali No. 5/ 6, Gurunank Dev Colony, North West Delhi ... Applicant versus State of Chhattisgarh Through Police Station Telibandha, District - Raipur (Chhattisgarh) ... Non-Applicant For Applicant : Mr. Sanjay Kumar Yadav, Advocate. For Non-Applicant/State : Ms. Ankita Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2025 1. 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. 95/2025 registered at Police Station – Telibandha, District – Raipur (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution story in brief, the victim lodged a written report against the applicant, stating that she had provided her mobile number to a job placement agency. On 23.12.2024, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.06.19 19:29:36 +0530 2 applicant and the victim came into contact through phone communication. The victim later went to Singapore and joined a job as a hotel receptionist, while the applicant was also employed in the same hotel as a waiter. They continued to stay in contact through phone calls and messages. Eventually, they fell in love, and a physical relationship developed between them on the pretext of marriage. However, after some time, the applicant refused to marry her. Consequently, the victim lodged a report against the applicant. Thereafter, the police at Police Station Telibandha registered a case as Crime No. 95/2025 for an offence punishable under Section 69 of the Bharatiya Nyaya Sanhita (B.N.S.) against the applicant. The matter was then taken up for investigation. 3. Learned counsel for the applicant would submit that the applicant is innocent and he has been falsely implicated in this case. He submits that the applicant has not committed the aforesaid offence defined under Section 69 of the BNS. He also submits that the present applicant has no criminal antecedents, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the applicant engaged in sexual intercourse with the victim under the pretext of marriage, and thereafter, denied, therefore the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case and from perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim is a major girl, approximately 23 years old, who had a love relationship with the applicant and was a consenting party, but after some time their relationship could not be materialized, then she filed aforesaid case against the present applicant, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shiva Chauhan, on executing a personal bond and one local surety in the like sum to the satisfaction 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 Abhishek