1 2025:CGHC:36911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1123 of 2025 Tarun Kaoushik S/o Bisahoo Ram Kaoushik, Aged About 42 Years R/o Arya Colony Road, Tifra, Bilaspur, District Bilaspur (C.G.) ...Applicants versus State Of Chhattisgarh Through - Mahila Thana Bilaspur, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Pravin Kumar Tulsyan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. For Objector : Ms. Swati Rai, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 29.07.2025 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. 39/2025 registered at Police Station – Mahila Thana, Bilaspur District - Bilaspur (C.G.) for the offences punishable under Sections 69, 296, 115, 351 of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.30 19:04:06 +0530 2 2. As per the case of the prosecution, the prosecutrix lodged a written complaint on 18.06.2025, alleging that in September 2013, the accused unlawfully trespassed into her residence, threatened to kill her, and forcibly established physical relations with her under the false promise of marriage. It is further alleged that the accused continued to maintain such physical relations with the prosecutrix under the same false pretext from the year 2013 until 2025. On 28.03.2025, the accused is again have visited the prosecutrix at her rented accommodation, where he allegedly had physical relations with her, and upon her insistence to marry, he verbally abused her, issued threats to her life, and physically assaulted her. Acting upon this complaint, an F.I.R. has been registered against the applicant/accused under Sections 69, 296, 115 and 351(2) of the Bharatiya Nyaya Sanhita (B.N.S.). 3. The applicant respectfully submits that he has been falsely implicated in the present case based on fabricated allegations made by the prosecutrix. She is already a married woman and has some matrimonial disputes with her previous husband, for which she lodged an FIR against him and his family members; however, they were acquitted by the trial court. Thereafter, the applicant came into contact with the prosecutrix, and they developed a relationship. Subsequently, the prosecutrix attempted to blackmail the applicant. It is further stated that the applicant filed a complaint under Section 221 of the BNS 2023 on 19.05.2025 before the Court of CJM, Bilaspur. After that, the present FIR was lodged against the applicant on 18.06.2025. He further submits that although the BNS statement under Section 183 3 contains wild allegations against the applicant for committing rape, the medical report demonstrates that these allegations are baseless. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, that there was a matrimonial dispute between the victim and her earlier husband where her earlier husband was acquitted and thereafter, she came in contact with the present applicant and then the applicant filed a complaint against her(victim) under Section 221 of the BNS 2023 on 19.05.2025 before the competent Court and thereafter, she lodged an FIR against the present applicant on 18.06.2025 further, the FIR is nothing but a counterblast to the legitimate proceedings initiated by the applicant, thus, 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 – Tarun Kaoushik, on executing a personal bond and one 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 4 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 vaibhav