1 2025:CGHC:57792 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1865 of 2025 Arun Dahiya S/o Shyam Sunder Dahiya Aged About 25 Years R/o Groundpara, Village- Katkona, Tehsil Baikunthpur, District- Koriya (C.G.) Permanent R/o Village- Bhalumada, Tehsil Kotma, Dist- Anuppur (M.P.) ... Applicant(s) versus State Of Chhattisgarh Through- Police Station Surajpur, District- Surajpur, (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pragalbha Sharma, Advocate. For Respondent(s) : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.11.2025 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.508/2025 registered at Police Station AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 Surajpur, District- Surajpur (C.G.) for the offence punishable under Section 69 of BNS. 2. Prosecution case in brief is that the victim lodged a report at Police Station Surajpur alleging that she is a divorced woman with a child and had developed a relationship with the accused, Arun Dahiya, after they began speaking over the phone. She claims that the accused expressed his desire to marry her and make her his wife. Believing his assurances, she resided in a rented house in Surajpur in November 2024 while working as a phone operator. On 21.12.2024, the accused allegedly came to her room and, on the pretext of marriage, established physical relations with her and thereafter continued to visit her rented house frequently to have sexual relations. The victim further alleges that although an agreement regarding court marriage was executed on 02.07.2025, the accused later refused to marry her, causing her distress and compelling her to lodge the FIR. She has appeared before the Court and strongly objected to the grant of bail to the accused. The case diary and the submissions indicate that the accused allegedly induced the victim into repeated sexual relations under the false promise of marriage. The investigation is ongoing. Hence, the bail application. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that the applicant became 3 acquainted with the complainant, who is divorcee and a mother of 5 year old child, through her friend, Deepa Chaudhary, whom the applicant knew while she was teaching at Sankalp Para Medical College, Anuppur in 2024. During this period, the complainant regularly contacted the applicant over phone and eventually proposed marriage to him. When the applicant declined her proposal, the complainant allegedly began pressurizing him and submitted written complaints at Police Station Surajpur on 23.06.2025 and before the Superintendent of Police on 24.06.2025. The applicant was called to the police station, where he was allegedly threatened by the complainant and police officials that if he refused to marry her, a false case of rape would be registered against him. Under such coercion, the applicant was compelled to sign stamped papers on 02.07.2025, resulting in the execution of an agreement and affidavit under pressure. He also submits that as the objective of exerting pressure had been achieved, the complainant did not pursue the earlier complaint, and the enquiry report dated 10.07.2025 reflects closure of proceedings. Later, the applicant sought legal advice and filed a petition under Section 12 of the Hindu Marriage Act before the Family Court seeking a declaration that the agreement dated 02.07.2025 was null and void as it was executed under threat and duress. Notice was issued to the complainant on 23.08.2025, hence he prays for grant of anticipatory bail to the applicant. 4 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that the applicant is alleged to have repeatedly established physical relations with the victim by giving her a false promise of marriage, executed an agreement for court marriage on 02.07.2025, and thereafter refused to marry her, thereby deceiving and exploiting her, therefore, the applicant 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 though the applicant is alleged to have repeatedly established physical relations with the victim by giving her a false promise of marriage, executed an agreement for court marriage on 02.07.2025, and thereafter refused to marry her, thereby deceiving and exploiting her, but considering the fact that the victim is a divorced woman with a child, she has been acquainted with the applicant since 2024 and there was consensual relationship between them, wherein she was a consenting party and when their relationship could not be materialized, present FIR has been lodged by the victim against the applicant, also considering the statement of victim recorded under Section 183 of BNSS, as such, without further commenting 5 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 - Arun Dahiya, 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