1 2025:CGHC:48051 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1443 of 2025 Rakesh Kumar Sahu S/o Gajendra Sahu Aged About 23 Years R/o H. No.775 Ward No.41 Parsabhata Balkonagar, Korba, Tahsil And District Korba (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Darri, District : Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Sumit Jhawar, Advocate. For Non-applicant/State : Ms. Shubha Shrivastava, Panel Lawyer For Objector : Mr. Aakash Aahuja, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.09.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 146/2025 registered at Police Station – Darri, District : Korba, (C.G.) for the offence punishable under Section 308(2) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that on 04.06.2025, the applicant lodged a written complaint at Police Station Darri alleging that a few RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 years ago, she met the accused, Rakesh Sahu, and they developed a relationship. It is alleged that after the marriage of Rakesh Sahu’s sister in November 2024, he started demanding money from the complainant for repayment of his loan and threatened to make her objectionable photographs viral on social media if she failed to comply. Out of fear of social disgrace, she initially transferred Rs. 15,000/- to him online via PhonePe. In January 2025, when the accused again visited her house at C.S.E.B. Colony and repeated his threats, she, under pressure, gave him 18 tolas of her mother’s gold. It later came to light that the accused had taken a gold loan of Rs. 2,98,050/- using the said gold. Initially hesitant to report the matter due to fear of public shame, the complainant eventually gathered courage and lodged the report, on the basis of which an FIR was registered against the accused. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the gold in question is the applicant’s personal gold purchased by him and not the complainant’s mother’s gold, as falsely alleged. The complainant is deliberately misleading the Court by lodging a false report. It is further submitted that no gold loan can be sanctioned without proper documentation and issuance of a receipt by the bank, which itself disproves the complainant’s allegations. The complainant was pressurizing the applicant to marry her, but as he was not ready due to family responsibilities, including the duty of arranging his younger sister’s marriage, she lodged a false complaint out of vengeance. Moreover, the FIR was 3 lodged after an unexplained delay of five months from the alleged incident, which clearly indicates mala fide intention and casts serious doubt on the authenticity of the complaint, showing that it was filed only to harass the applicant. 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 opposes the anticipatory bail application and submits that the allegations against the accused are serious in nature, involving threats, extortion, and misuse of objectionable photographs to coerce the complainant. It is contended that the accused not only took Rs. 15,000/- through online transfer but also forcibly obtained 18 tolas of gold from the complainant under threats and later took a gold loan of Rs. 2,98,050/- using the same. The delay in lodging the FIR is explained by the complainant’s fear of social disgrace. Therefore 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, particularly the unexplained delay of nearly five months in lodging the FIR, which raises serious doubts about the genuineness and authenticity of the allegations, and taking into account the nature of the dispute between the parties, this Court finds that the matter appears to be of a personal nature arising out of strained relations. The delay in filing the complaint suggests the possibility of false implication with mala 4 fide intent. Therefore, 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 – Rakesh Kumar Sahu, 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) The applicant 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) 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 Rahul Dewangan