1 2025:CGHC:47310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1421 of 2025 Rouf Ahmad Zargar S/o Mohammad Yousuf Zargar, Aged About 40 Years R/o Shankerpora, Gulshan Nagar, Police Station- Nowgam, District Srinagar, Jammu And Kashmir- 190015 ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Mandir Hasod, District Raipur (C.G.) 492101 ...Non-applicant For Applicant : Mr. Rishi Rahul Soni, Advocate with Mr. Nikhil Kumar Singh, Advocate. For Non-applicant/State : Ms Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.09.2025 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.322/2025, registered at Police Station - Mandir Hasod District – Raipur (C.G.) for the offence punishable under Sections under Sections 64, 64(2)(m) & 351(2) of the BNS 2023. 2. The case of the prosecution, as reflected in the order dated 26.08.2025, passed by Court below in substance is that in the year 2018, the prosecutrix, who is currently working in Chhattisgarh Regional Office of National Bank for Agriculture and Rural VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.16 18:29:19 +0530 2 Development (NABARD), came in acquaintance with the Applicant (accused) through Facebook and after that the Applicant (accused) made love proposal to the prosecutrix but the proposal was refused and was not accepted by the prosecutrix. It is further alleged that in the year 2025, the Applicant (accused) again started sending messages to the prosecutrix, expressing his desire for love and marriage and he also made telephonic conversations with the prosecutrix and told her that he was coming to Raipur on 02.02.2025. It is further alleged that on 02.02.2025, the Applicant (accused) came to Raipur and stayed in Shamrock Greens Hotel till 04.02.2025 and during this period, the Applicant (accused) allegedly made sexual relationship with the prosecutrix several times under pretext of marriage and thereafter he returned to Jammu & Kashmir. It is further alleged that the prosecutrix made telephonic call to the Applicant (accused) and requested him to make marriage but it is the Applicant (accused) who refused to solemnize marriage with her and started abusing and threatening the prosecutrix. On basis of the above facts, a crime has been registered against the Applicant (accused) for the offence punishable under 64, 64(2)(m) and 351(2) of BNS. 3. The applicant is innocent and has been falsely implicated in the present case on the basis of a false and concocted complaint filed by the prosecutrix with malafide intentions after their long-standing consensual relationship turned sour. Earlier, the prosecutrix had filed a POSH complaint against the applicant before the RCC of NABARD on similar allegations, which was dismissed by a five-member committee vide order dated 07.07.2025, holding that the alleged incidents did not fall within the ambit of sexual harassment and that the relationship 3 between the parties was consensual for the past 6–7 years. Despite being an educated, independent woman aware that the applicant was married, the prosecutrix continued the relationship voluntarily, including travelling, staying with him, and entering into consensual intimacy, which belies the allegation of deceit or coercion on the pretext of marriage. The present FIR, filed after failure of the POSH proceedings, is retaliatory and vindictive, intended only to tarnish the applicant’s personal, marital, and professional reputation. The case is based entirely on documentary evidence already with the prosecution, no custodial interrogation is required, and the applicant is fully cooperating with the investigation. The applicant, being the sole breadwinner of his family and holding a responsible position as Assistant General Manager in NABARD, would suffer grave prejudice and irreparable harm to his career, reputation, and family life if arrested on the basis of such motivated and baseless allegations Therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that, from a perusal of the case diary, it transpires that the applicant had sexual intercourse with the victim on the pretext of marriage. Therefore, the applicant is not entitled to the grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the submissions made by the learned counsel for the parties, and further considering the facts and circumstances of the case, it is noted that the victim is a major aged about 27 years and that she came into contact with the applicant in 4 the year 2018 further the applicant, who is working as an Assistant General Manager in NABARD Bank, was already married but was not on good terms with his wife, consequently, an affair developed between the applicant and the victim, and thereafter, a consensual sexual relationship was established between them. However, as the said relationship could not be materialized, the victim lodged the FIR. Hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Rouf Ahmad Zargar, 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 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