1 2025:CGHC:55186 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1757 of 2025 Subrat Adhikari S/o Prabhash Adhikari Aged About 25 Years Occupation Business, R/o Village Jutmil, Besides Station, Ward No. 35, Raigarh, Tehsil And Distt. Raigarh, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Mahila Police Station Raigarh, Distt. Raigarh, Chhattisgarh. ... Respondent For Applicant : Mr. Sanjay Agrawal, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Hari Agrawal, Advocate. 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. 31/2025 registered at Police Station – Mahila Thana Raigarh District - Raigarh (C.G.) for the offences punishable under Sections 69 of the Bhartiya Nyaya Sanhita, 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.11.13 11:58:24 +0530 2 2. The prosecution story in brief is that, the prosecutrix is major and age about 27 years lodged written complaint on 19/10/2025 alleging that the applicant and prosecutrix were knowing each other since 1.5. years, it is further alleged that as the victim had a skin disease for which applicant took her to Bilaspur for treatment, in this event the applicant made sexual relation with the prosecutrix multiple times in the name of treatment and established physical relation with her different places since 28/06/2024 to 20/09/2025 on the pretext of marriage. Thereafter the prosecutrix lodged first information report against the applicant, as the case is sensitive in nature therefore the FIR is hidden in the website. 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 That, the applicant is innocent and has been falsely implicated by the complainant. The prosecutrix is a major, aged about 27 years, and was a consenting party; hence, no offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023, is made out. The applicant and the prosecutrix were friends, and over time, the prosecutrix developed affection for the applicant. They entered into a consensual physical relationship on multiple occasions, without any opposition from the prosecutrix. However, when the applicant refused to marry her, she lodged a false complaint out of frustration. It is further submitted that both the applicant and the prosecutrix belong to different castes, and their marriage would have faced societal challenges. The applicant never sexually exploited the prosecutrix nor made any false promise of marriage. The applicant is a young person, and due to this false allegation, he is suffering mental agony and will 3 face irreparable loss if arrested. The applicant is ready to abide by all directions and conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the Objector 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 & circumstances of the case, it appears that the victim who is aged about 27 years and the present applicant were in a consensual relationship and they established sexual relationship, thereafter, their relationship could not be materialize, consequently, the present FIR has been lodged by the victim on the ground that the present applicant refused to marry her. 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 – Subrat Adhikari, 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. 4 (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