1 2025:CGHC:53612 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1677 of 2025 Sameer Khan S/o Mo. Raju Painter Ansari Aged About 26 Years R/o H.No. 1054/kha Baipass Road Imli Duggu, Ward No. 8 Korba, District Korba, Chhattisgarh. ... Applicant Versus The State Of Chhattisgarh Through Station House Officer Of Police Station Kotwali- Korba, District Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Shubham Dev Mallick, Advocate For Non-applicant : Ms. Ankita Shukla, Panel Lawyer SB : Hon'ble Mr. Ramesh Sinha, Chief Justice ORDER ON BOARD 03/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 732/2025 registered at Police Station – Kotwali, District- Korba (C.G.) for the offence punishable under Section 69 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. Case of prosecution in brief is that, on 05.10.2025, the complainant lodged a report in the concerned police station alleging that the complainant is a divorced lady. The applicant on the false pretext of marriage had committed sexual intercourse with the complainant/victim and later on, refused to marry 2 her. Based on the report, aforementioned crime was registered and the investigation was commenced by the concerned police station. 3. Learned counsel for the applicant would submit that the applicant is innocent and has falsely been implicated in the crime in question. He further submits that, the applicant and the complainant are divorced persons and are parents of two children. On February, 2025, the applicant and the complainant met each other and thereafter, they were residing together along with their children. Subsequently, on 15.06.2025, they both married each other before the Muslim Committee, Luthra Sharif, Bilaspur and copy of the same is annexed as Annexure A/3. After marriage, due to some trivial dispute between the applicant and complainant, she deserted the applicant and started residing separately and thereafter, registered the present case against the applicant. He submits that there is no specific allegation against the applicant and they have already married each other on 15.06.2025, thus no offence is made out. He submits that the present FIR has been lodged only to harass the present applicant due to a trivial dispute between the parties, the victim had concealed her marital status before the applicant and because of which, the applicant had filed an application dated 09.10.2025 before the Superintendent of Police, Korba, District – Korba. Thus, the applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that present applicant there are specific allegations of commission of sexual intercourse with the complainant on the false pretext of marriage. Thus, he may not be granted anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, documents enclosed along with the bail application and the fact that the 3 applicant and the complainant have already married each other on 15.06.2025 before the Muslim Committee at Luthra Sharif, Bilaspur, as such, without further commenting anything on merits, this Court find it appropriate 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 – Sameer Khan, 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 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 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 shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY