1 2025:CGHC:48152 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1400 of 2025 Dilip Kumar Uike S/o Ratan Singh Aged About 28 Years R/o Village Awari, P.S. Doundi, District : Balod, Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Doundi, District : Balod, Chhattisgarh ...Non-applicant For Applicant : Mr. Kishore Bhaduri Senior Advocate along with Mr. Amitesh Yadav & Harsh Dave, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Sameer Singh, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.09.2025 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. 105/2025, registered at Police Station - Doundi District – Balod (C.G.) for the offence punishable under Section 69 of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.19 10:33:19 +0530 2 2. The prosecution story, in brief, is that the complainant, aged about 28 years and presently serving as a Lady Constable, came into contact with the accused in the year 2017 while both were studying at ITL Dondi. During this period, the accused developed intimacy with the complainant and, on 31.01.2017, at her rented accommodation in Dondi, established physical relations with her on the false pretext of marriage. It is alleged that thereafter, the accused continued to maintain physical relations with the complainant on several occasions by repeatedly assuring her of marriage. As a result, the complainant conceived on three different occasions, but each time the accused compelled her to undergo abortion against her wishes, thereby causing severe physical and mental agony. The prosecution further alleges that, believing the false assurances of the accused, the complainant also extended financial support to him by transferring monthly amounts ranging from Rs. 5,000 to Rs. 14,000 towards his education and coaching, and subsequently, larger sums. In February 2023, the accused is alleged to have purchased a vehicle in the name of the complainant, which was later transferred into his own name after repayment of the loan amount from her account. Again, in February 2025, on the pretext of marriage and construction of a house, the accused induced the complainant to transfer a sum of Rs. 3,30,000/- into his account. It is further alleged that in December 2024, the accused took the complainant on a tour to Andaman, where he once again had physical relations with her under the false assurance of marriage. Despite repeated requests from the complainant to solemnize the marriage, the accused kept deferring the same on various pretexts. Ultimately, in May 2025, the accused forced the 3 complainant to terminate her pregnancy once again, and thereafter, in June 2025, he clearly refused to marry her and abandoned her at her native place. Thus, it is alleged that the accused, by making false promises of marriage, maintained physical relations with the complainant over a period of nearly eight years, compelled her to undergo abortions on three occasions, and misappropriated several lakhs of rupees from her. On the basis of the aforesaid allegations, the police station Daundi, District Balod, registered FIR No. 105/2025 on 17.08.2025 under Section 69 of the Bharatiya Nyaya Sanhita, 2023. A copy of the FIR is annexed herewith as Annexure A/2 for the kind perusal of this Hon’ble Court. 3. The applicant respectfully submits that although financial transactions admittedly took place between him and the complainant during the course of their relationship, such exchanges were voluntary and reciprocal, made out of love and affection, and cannot amount to cheating, as there was never any dishonest or fraudulent intention on his part. The complainant herself demanded Rs. 10,00,000/- with interest and relied on alleged WhatsApp chats, which clearly reflects that the dispute is of a financial and civil nature, wrongly projected as a criminal case. The applicant had bona fide attempted to solemnize marriage with the complainant, but genuine family and community restrictions, including the bar of gotra, created impediments; hence, the allegations of false promise are misconceived and devoid of mens rea. Moreover, the complainant has raised allegations dating back to 2017 but lodged the FIR only in August 2025, after an unexplained delay of more than eight years, which casts serious doubt on the credibility of her claims and indicates mala fide intention. The case 4 rests upon consensual relations, private conversations, and financial transactions, all of which are documentary in nature and already with the investigating agency, making custodial interrogation unnecessary , therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the submissions made by learned counsel for the applicant and submitted that the applicant, on the pretext of marriage, committed sexual intercourse with the victim and therefore, he is not entitled to the 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, the nature of the allegations levelled against the applicant, and the fact that the victim, being a major aged about 28 years, was in a consensual relationship with the applicant during which a sexual relationship was established, and thereafter, the relationship could not materialize, consequently leading to the lodging of the present FIR, this Court, without expressing any opinion on the merits, is 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 – Dilip Kumar Uike, 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 5 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 Vaibhav