1 2025:CGHC:60037 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1935 of 2025 Vinod Kumar Kashyap S/o Shri Bhagwat Prasad Kashyap Aged About 21 Years R/o Balgi Shanti Nagar P.S. Bankimogra, District Korba (C.G.) --- Applicant(s) versus State Of Chhattisgarh Through P.S. Incharge Bankimogra, District Korba (C.G.) --- Respondent(s) For Applicant(s) : Mr. Shubham Agrawal, Advocate For Respondent(s) : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.12.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 205/2025 registered at Police Station – Bankimogra, District- Korba (C.G.) for the offence punishable under Sections 69 of the BNS. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.12.11 11:26:32 +0530 2 2. Prosecution case in brief is that, the victim lodged a written complaint on 12.11.2025 at Police Station- Bankimogra, District- Korba (C.G.), alleging that the applicant had been assuring her of marriage for the last three years and, when she initially refused, he allegedly threatened to commit suicide. It is stated that thereafter she accepted his proposal, and under the said influence and pressure, the applicant allegedly established physical relations with her on 09.04.2025 at the house of one Sunil Kashyap. It is further alleged that after the said physical relationship, the applicant refused to marry her, due to which the present offence has been registered. Acting upon the complaint of the victim, the police have registered Crime No. 205/2025 for the offence under Section 69 of the BNS against the applicant. Hence, this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has not committed any offence which is punishable under 69 of the BNS as both the victim and the present applicant are major and developed consensual relationship with each other and were in relationship for three years. The victim is a well- educated lady and is aged about 21 years and as per the contents of the FIR, the victim is a consenting party and she herself permitted the applicant for intercourse, thereafter on the consent of the victim, both involved in physical relations. In view of the above submission, the applicant deserves to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant, but could not dispute the fact the the victim and the applicant both are major. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the submissions made by learned counsel for the applicant, particularly that both the applicant and the victim are majors, were in a consensual relationship for about three years, and the FIR itself reflects voluntary participation of the victim, coupled with the fact that the allegations do not prima facie attract the ingredients of the offence under Section 69 of the BNS, this Court is of the opinion that the applicant has made out a case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vinod Kumar Kashyap, 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) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) He should appear before the trial Court on each and every date given to him by the said Court till 4 disposal of the trial. (d) The Applicant and the sureties 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) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek