1 / 4 2025:CGHC:55187 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1755 of 2025 Ashish Singh Rathore S/o Late Raju Rathore Aged About 30 Years R/o Saragaon, Tabaragudi, P.S. Saragaon, Distt.- Janjgir-Champa C.G ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S.-Civil Line Rampur, Korba, Distt. Korba C.G. ... Respondent For Applicant : Mr. Sanjay Patel, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.11.2025 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. 601/2025 registered at Police Station – Civil Line Rampur District - Korba (C.G.) for the offences punishable under Sections 69 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that, the complainant had lodged a report that applicant reside near her village at Saragaon and was VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.13 11:58:24 +0530 2 / 4 acquaintance with each other. They talk with other through Facebook, they started liking each other and wanted to marry with each other. On 15.09.2024 first time the applicant made physical relationship with complainant. Thereafter applicant was continuously making relationship with her and lastly he made relationship on 19.07.2025. The complainant asked the applicant to marry with her on which the applicant refused to marry with her. On the basis of written report, the police station Civil line Rampur, Korba registered FIR bearing crime no.69 of Bharatiya Nyaya Sanhita, 2023. Charge-sheet has not been filed and matter is being investigated. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the complainant and the applicant were friends through Facebook; however, due to differences of opinion and the quarrelsome nature of the complainant, the applicant blocked her, which angered the complainant and led to the lodging of the present FIR against him. The applicant submits that he has not committed any offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023. It is pertinent to mention that the complainant had sent a message on 06.09.2025 threatening that the applicant would “get the news” by evening, due to which the applicant, being afraid, lodged a report at Police Station Akaltara, where the police stated that the matter was non-cognizable, a copy of the said application dated 04.09.2025 is annexed as Annexure A/3. It is further submitted that there was no forcible sexual intercourse or physical relationship without consent, and the allegation of a false promise of marriage is unfounded, as the complainant, being a well- educated woman, entered into the relationship with full knowledge and 3 / 4 consent. Both the complainant and the applicant are major and educated persons the complainant is serving as a TGT (Hindi) teacher at Navodaya Vidyalaya, Orissa, while the applicant is employed in the office of the Assistant Director, Gram Udyog, Raipur, presently posted at Korba hence both were well aware of the nature and consequences of their relationship. There is also an unexplained delay in lodging the FIR, as the alleged incidents occurred between 15.09.2024 and 19.07.2025, yet the report was filed much later. Even if the prosecution story is accepted in its entirety, no offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, is made out. The allegation of sexual exploitation on the pretext of marriage is false and baseless therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature of the allegations levelled against the applicant, and upon perusal of the statement of the victim recorded under Section 183 of the BNSS, it appears that the victim, being a major woman aged about 38 years, was in a consensual relationship with the applicant, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR was lodged by the victim on the ground that the applicant refused to marry her. Therefore, without making any further comments on the merits of the case, this Court is inclined to grant anticipatory bail to the present applicant. 4 / 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ashish Singh Rathore, on executing a personal bond and one local 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