1 2025:CGHC:49845 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1524 of 2025 Subhash Chandravanshi S/o Dilip Chandravanshi Aged About 23 Years R/o Village- Dongariyakala, Police Station- Pandatarai, Tahsil- Pandariya District- Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through- District- Magistrate, Kawardha, District – Kabirdham (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.10.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 37/2025 registered at Police Station – Mahila Thana Kawardha, District – Kabirdham (C.G.) for the offence punishable under Sections 64(2)(m), 69 and 351(3) of the Bharatiya Nyaya Sanhita (In short, BNS). 2. The prosecution story, in brief, is that the complainant/victim lodged a written report in Police Station – Mahila Thana Kawardha, District Kabirdham (C.G.) alleging inter-alia that she acquainted with the present RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant who is resident of Village Dongariya, Police Station Pandatarai, since year 2024 and both of them became friends. It is alleged that the present applicant disclosed his wish before her that he loves her and willing to marry her and on such pretext, he made physical relationship with her first time in the month of June, 2024 in his rental house at Transport Nagar, Kawardha. It is further alleged that thereafter the present applicant made physical relationship with the victim on various occasions. It is further alleged that engagement ceremony was fixed to be conducted in the month of April, 2025 but the present applicant postponed the engagement by saying that the situation of the house of the victim is not well. It is submitted in the application that both of them were continuously making conversation with each other and the present applicant was repeatedly made physical relationship with the victim on pretext of marriage. It is further alleged that last time on 03.08.2025 at about 9.00 am morning, the present applicant made physical relationship with victim in her rental house at Ramnagar Kawardha. It is further alleged that when she asked the present applicant to marry her, he would commit dispute with her, committed assault and threatened to cause death. On the basis of written report preferred by the victim, the police registered the offence. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the victim is a major girl aged about 23 years old, and she came in contact with the applicant through Instagram in the year 2024 and they started having an affair to each other, thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, and both the applicant and victim have got married together. 3 Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that from the perusal of the case diary, it transpires that the applicant has made sexual intercourse with the victim on the pretext of marriage. Therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case-diary, it transpires that the victim is a major girl aged about 23 years old, and she came in contact with the applicant through Instagram in the year 2024 and they started having an affair to each other, thereafter, a consensual sexual relationship was established between both of them, but the relationship could not be materialized, hence, the present FIR was lodged, and both the applicant and victim have got married together, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Subhash Chandravanshi 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) 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. 4 (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. (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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar