1 2025:CGHC:44986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1334 of 2025 Anil Kumar Gupta S/o Late Indrajeet Gupta Aged About 45 Years R/o House No. 283, Sun City, Near Surya Mandir, Chandra Sheknar Ward No. 41, Jagdalpur, Tehshil Jagdalpur, District Bastar (C.G.) ... applicant(s) versus State Of Chhattisgarh P.S Kotwali Jagdalpur, Tehsil And District Bastar (C.G.) ... Respondent(s) For applicant(s) : Mr. Sourabh Sharma, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.09.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.293/2025 registered at Police Station Kotwali Jagdalpur, Tehsil And District Bastar (C.G.) for the offence punishable under Section 64, 64(2)(m) of the Bharatiya Nyaya Samhita (for short ‘BNS’). AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. Prosecution case in brief is that the a written report was lodged by the victim on 04/05.08.2025, alleging that she was employed at the Honda Showroom owned by the applicant at Geedam. She came into contact with the applicant in June 2024. On 12.09.2024, the applicant allegedly took her to his residence at Sun City, Jagdalpur, and on the pretext of marriage, committed sexual intercourse with her. He thereafter sent her back to Geedam by bus. It is further alleged that the applicant continued to establish physical relations with the victim repeatedly under the same promise of marriage and assurance that he would bear all her educational expenses. In March 2025, the applicant allegedly shifted the victim to a rented house at Shanti Nagar, Jagdalpur. However, on 24.07.2025, the applicant informed the victim over the phone that his family had come to know about their relationship, and therefore, he could no longer continue the relationship. When the victim insisted on marriage, the applicant refused. Subsequently, on 01.08.2025, the applicant switched off his mobile phone, after which the victim lodged the FIR. The FIR has been registered for offences punishable under Sections 64 and 62(2)(m) of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the present case. He further submits that victim was a major girl and she was working in the Honda showroom, which is owned by present 3 applicant. He also submits that victim and applicant were in a consensual relationship for almost one year and she was a consenting party, when their relationship could not be materialized, present FIR has been lodged by the victim against applicant to harass him, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that on the pretext of marriage, the applicant established physical relationship with the victim on multiple occasions and later on refused to marry her, he exploited the victim for sexual purpose, therefore, he is not entitled for grant of bail. 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, nature of dispute and material available in case diary, and the fact that the though the applicant is alleged to have established physical relationship with the victim on multiple occasion on false pretext of marriage and later on refused to marry her, but victim was a major girl at the time of incident, they were in a consensual relationship for almost one year and victim was a consenting party, further when their relationship could not be materialized, present FIR has been lodged by the her against applicant also considering the statement 4 of victim recorded under Section 183 of BNSS, as such, without further commenting anything on merits, this Court find it appropriate 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 - Anil Kumar Gupta, on executing a personal bond with 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 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 alongwith a colored 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 Akhil