1 2025:CGHC:54389 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1709 of 2025 • Vikash Dhamwani S/o Late Jhandumal Dhamwani Aged About 26 Years R/o Ward No. 12, Ganj Pichhe Kharsia, Tehsil- Kharsia, District- Raigarh, Chhattisgarh. ... Applicant versus • State of Chhattisgarh Through- The Station House Officer, Police Station- Kharsia, District- Raigarh, Chhattisgarh. ... Respondent (Cause title is taken for Case Information System) For Applicant : Mr. Punit Ruparel, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer For Objector Mr. F.S Khare, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.11.2025 1. This anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No.539/2025 registered at Police Station – Kharsia, District – Raigarh (C.G.) for the offence punishable under Sections 64(1), 308(2) of BNS, 2023. 2. The prosecution story, in brief, is that on 12.10.2025 the complainant/victim made a written complaint to the concerned police station with allegation that the applicant who is knowing the victim in many days invited her for her home function on 15th October 2024, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.11.10 16:45:03 +0530 2 on that date the applicant mother, brother and other family members are present, the victim is not in well hence she went the applicant’s house room for taking rest at the same time the applicant came their and trying to outrage the modesty of the complainant when she refuse the applicant stated that he likes her and committed sexual intercourse with her and also captured photographs and made a video and demanded money by threatening to viral the photographs and video, the applicant brother Vishal made several phone calls for demanded money he also sent a vulgar photos and video in her mobile, which is saved in her mobile gallery on 06.10.2025, the applicant called the prosecutrix and threaten to viral photographs and video, than she made a complaint to the concerned police station, thereafter FIR has been registered against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case. It is submitted by learned counsel for the applicant is that the present applicant and the prosecutrix were in a relationship and were known each other since 2024 and used to go to the house of the applicant and familiar to his other family members. It is further argued by learned counsel for the applicant is that victim is a major girl aged about 26 years old and there was consensual relationship between them, when their relationship could not materialized, she lodged an FIR against the applicant. He further submits that investigation and trial may take some more time, therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State as well as learned counsel for the Objector opposes the bail application of the applicant and submits 3 that as per the statement of the prosecutrix recorded under Section 183 of BNS, in which she stated that prosecutrix and present applicant were in a relationship and they were known each other, applicant made physical relation and captured photographs and made a video and demanded money by threatening her to viral the photographs and video, 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, levelled against the present applicant and looking to the statement of the prosecutrix recorded under Section 183 of BNS, wherein she has admitted that the applicant and prosecutrix was in contact since 2024, prosecutrix is major girl and she was consenting party. Therefore, without further commenting anything on merits, 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 – Vikas Dhamwani 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. 4 (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)The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali