1 2025:CGHC:43979 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1247 of 2025 • Suryakant Gangwar S/o Shri Jayanti Prasad Gangwar, Aged About 35 Years R/o Bisalpur, Bangali Baba Mandir Street, Pilibhit (Uttar Pradesh) ... Applicant versus • State Of Chhattisgarh Through Station House Officer, Police Station Kotwali, District Rajnandgaon (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Ms. Monika Thakur, Panel Lawyer For Objector Mr. Amit Buxy, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 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.229/2025 registered at Police Station – Kotwali, District- Rajanadgaon (C.G.) for the offences punishable under Section 69, 351(3) of BNS, 2023 and Section 67(A) of Information Technolgy Act, 2000. 2. Case of the prosecution, in brief, is that victim lodged a complaint in Police Station Kotwali, District - Rajnandgaon (C.G.) alleging inter- VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.30 15:22:53 +0530 2 alia that prosecutrix is aged about 31 years and resides in Rajnandgaon. It is alleged that the prosecutrix used to work in Escort company showroom where the present applicant is also working and in the year 2022 both of them acquainted to each other and started conversation. It is alleged that the present applicant was working as Service Manager in the Escort company showroom and due to their cordial relation, the prosecutrix was proposed for marriage by the present applicant and they met in a rose garden where the present applicant disclosed that in their society there is a custom of Tilak but he doesn't want to sale himself for money only and he wants to marry with a girl of his own choice. It is further alleged that the present applicant visited to her several times and on the first date of incident i.e. 12.08.2022 he came to meet the prosecutrix in a house of her friend where on pretext of marriage he made physical relationship with her. It is further alleged that after the aforesaid incident, the present applicant and prosecutrix came close to each other and between these four years, physical relationships were made several times at various places. It is further alleged that the present applicant and prosecutrix started their meeting in hotel. It is further alleged that the present applicant met with the prosecutrix on 26.01.2025 and physical relationship was made between the parties and thereafter the present applicant gave her contraceptive pills and told her to disclose their relationship to her family members by saying that on 25.03.2025 they are coming to the house of the prosecutrix. It is further alleged that the present applicant married some other girl which came into knowledge of the complainant/prosecutrix, then she called the present applicant who earlier denied the marriage but consequently her obscene threatened the girl of sending photographs to her family members and make 3 them viral through Whatsapp chats. On the basis of the aforesaid written report, the police of Police Station Kotwali, District - Rajnandgaon registered FIR bearing Crime No. 229/2025 for the offence punishable under Section 69, 351(3) of Bharatiya Nyaya Sanhita, 2023 and section 67(A) of Information Technology Act, 2000. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the prosecutrix is a major lady and there was consensual relationship between the prosecutrix and the applicant, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the Objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that that the prosecutrix is a major lady and there was a consensual relationship between the prosecutrix and the applicant, investigation and trial are likely to take time, therefore, 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 – Suryakant Gangwar 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) The applicant shall not directly or indirectly make any 4 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) The applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali