1 2025:CGHC:28788 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 927 of 2025 Ratan Kumar Nishad S/o Karmaha Nishad Aged About 29 Years Current Add. Higher Secondary School, Barpani, Block Duldula, District -Jashpur Chhattisgarh. Permanent Resident - Village - Barbhanta, Thana Sarangarh, District- Sarangarh Chhattisgarh ... Applicant(s) versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Kotwali, Jashpur, District Jashpur Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Neeraj Mehta, Advocate. For Non-applicant : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 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.138/2025 registered at Police Station – City Kotwali, Jashpur, District- Jashpur (C.G.) for the offence punishable under Section 69 of BNS. 2. Prosecution case, in brief, is that the complainant has alleged that the applicant, on the false pretext of marriage, established KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 physical relations with her over a period of time. However, later the applicant refused to marry her without any justified reason. Feeling cheated and mentally harassed, the complainant lodged an FIR against the applicant for offence under Section 69 of BNS. 3. Learned counsel for the applicant submits that the applicant is working as teacher in Govt. Middle School, Barpani, Block - Duldula, Distt. Jashpur, (C.G.). who is currently on probation period. He further submits that the incident took place in the month of October 2024 and the so called FIR has been lodged in the month of May 2025, after the laps of 7 months which creates a shadow of doubt about the genuineness of the incident and the actual fact of the case is that the present applicant and the victim firstly got introduced through Instagram and while talking to each other, both of them liked each other and thereafter, the victim herself use to come Barpani, Duldula from time to time and use to meet with the applicant and pressurize him to have a physical relationship. The applicant never gave any assurance to the victim regarding marriage. It is also relevant to mention here on the pursuance of aforesaid facts the family members of the applicant had gone to the house of victim on 15.03.2025 to talk about getting the marriage of them, where the talks between both the families were also ready to get the marriage of them, thereafter, due to some kind of mutual differences between the applicant and the victim, the family members of the victim refused to get them married and after that the victim has made this false complaint 3 against the present applicant, after being influenced by someone else. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the prayer for grant of anticipatory bail and submits that the victim is a major girl aged about 25 years and she came into contact with the applicant through Instagram, following which both developed a close relationship. During the course of their association, the applicant allegedly established physical relations with the victim on the pretext of marriage. However, subsequently, the applicant refused to solemnize the marriage, leading to the filing of the present FIR. Hence he is not entitled 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, nature and gravity of offence levelled against the applicant and further the fact that from perusal of the victim’s statement recorded under Section 183 of BNSS, it appears that the victim is a major girl, involved in physical relationship with the applicant since long time and when their relationship could not be materialized, she lodged the FIR against the applicant and also considering the fact that there is a delay of about 07 months in lodging the FIR, for which no explanation has been offered in this regard hence, without 4 further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Ratan Kumar Nishad, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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