1 2025:CGHC:60410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1870 of 2025 Birendra Jaiswal S/o Late Sh. Shiv Pujan Jaiswal, Aged About 47 Years Residing At Flat No. 707, 7th Floor, Srishti Palazzo, St. Xavier Road, Avanti Vihar, Telibandha, Raipur 492006 (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through P.S. Amleshwar, Durg Chhattisgarh ... Non-applicant(s) For Applicant : Mr. Himanshu Sinha, Advocate. For Non-applicant : Ms. Smriti Shrivastava, Panel Lawyer. For Objector : Mr. Yogesh Pandey, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.149/2025 registered at Police Station – Amleshwar, Durg (C.G.) (Originally registered on zero at Police Station- Ajad Chowk Raipur), District- Durg (C.G.) for the offence punishable under Sections 69, 351(2) of BNS. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Prosecution case, in brief, is that between 10.04.2022 to 07.09.2025, the accused/applicant allegedly established physical relations with the complainant on multiple occasions by deceitfully making a false promise of marriage and also threatened her with dire consequences. The complainant has submitted a written report stating that she was sexually exploited by the applicant from October 2022 till September 2025 under the assurance of marriage. It is alleged that the applicant not only lured her with the promise of marrying her but also repeatedly raped and physically exploited her. The complainant has further alleged that on 25.05.2022, 29.05.2022, and 25.05.2025, the applicant took her to di<erent hotels located in Raipur where he committed forcible sexual intercourse with her. It is also stated that on 04.08.2025, the complainant resigned from her job, but the applicant continued to pressure and coerce her to rejoin his @rm, which she refused. Additionally, it has been alleged that on 29.10.2025, the applicant called the complainant to his oAce and threatened her, whereupon, in a state of distress and anger, she threw a steel bottle on the table which accidentally struck the applicant. Subsequently, the applicant lodged an FIR against the complainant on 30.10.2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant runs a hardware business under the name “Hindustan Pipes and Lifting Equipments,” where the complainant worked as a computer operator from 2021 to July 3 2025 and voluntarily resigned after obtaining an experience and salary certificate. Thereafter, when she returned after almost three months seeking re-employment and the applicant expressed inability due to lack of vacancy, she created a ruckus and threatened him, which compelled the applicant to lodge a complaint on 06.10.2025 at Police Station Ganj. It is further submitted that on 29.10.2025, the complainant forcibly entered the applicant’s office, abused and assaulted him with a steel bottle, causing serious injuries requiring hospitalisation and plastic surgery, following which the applicant lodged FIR No. 280/2025 against her on 30.10.2025. The present FIR, lodged belatedly on 08.11.2025 regarding alleged incidents between 2022 and 2025, is stated to be an afterthought to counter the case registered against the complainant. He further submits that the unexplained delay, absence of medical or independent evidence, presence of several employees in the office, and the complainant’s full knowledge of the applicant’s marital status all demonstrate that the allegations of sexual exploitation on the pretext of marriage are false, fabricated, and intended only to pressurize the applicant. It is further submitted that the applicant and the complainant have now amicably resolved their dispute and in view of the compromise arrived at between the parties, the applicant prays for grant of anticipatory bail. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the prayer for grant of anticipatory bail. 4 5. Learned counsel for the objector submits that the dispute between the parties has been mutually resolved, and therefore, the objector does not wish to oppose the grant of anticipatory bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the overall facts and circumstances of the case, the allegations made in the FIR, the submissions advanced by learned counsel for the parties and upon perusal of the material available in the case diary, this Court finds that the dispute between the applicant and the complainant primarily appears to be personal and arising out of strained interpersonal relations. It is also noted that there is a considerable delay in lodging the FIR, and the circumstances placed on record create doubt regarding the veracity of the allegations. Significantly, it has been brought to the notice of this Court that the applicant and the complainant have amicably resolved their dispute and learned counsel for the objector has also submitted that he has no objection to grant of anticipatory bail in view of the compromise, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Birendra Jaiswal, on executing a personal bond and one surety in the like sum to the 5 satisfaction of the arresting Officer, he shall be released on anticipatory 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 along with a coloured postcard full size photo having printed the adhaar number on it, which shall be veri@ed by the trial Court. (e) He shall not involve himself in any o<ence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal