1 2025:CGHC:56102 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1799 of 2025 Dinanath Jatwar S/o Aghori Jatwar Aged About 34 Years R/o Village Mandhaibhantha, Police Station Sarsiwan, District : Sarangarh-Bilaigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Sarsiwan, District : Sarangarh-Bilaigarh, Chhattisgarh. ... Non-applicant For Applicant : Mr. Raghvendra Pradhan, Advocate and Mr. Vikram Pratap, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 18.11.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 334/2025 registered at Police Station – Sarsiwan, District : Sarangarh- Bilaigarh (C.G.) for the offence punishable under Sections 87, 64 and 64(2)(m) of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the complainant, a married woman aged about 29 years and resident of Village RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 Mandhaibhantha, has alleged that she came in contact with the applicant about seven years ago, during which period the applicant allegedly developed physical relations with her on the pretext of marriage and later refused to marry her. It is further alleged that due to such refusal, she lodged a complaint against the present applicant, pursuant to which Police Station Sarsiwan registered the crime against him. Hence, the present anticipatory bail application has been filed before this Court. 3. Learned counsel for the applicant submits that the applicant is an innocent person who has been falsely implicated in the present case. It is submitted that the allegations in the FIR are false and concocted, as the victim is a major and legally married woman, residing with her husband since 2013 and also having an 11-year- old son. He further submits that even as per the FIR, the victim herself admits that she willingly maintained physical relations with the applicant for the last seven years, which establishes that the relationship was consensual, and it is well-settled law that long- standing consensual relations between two adults cannot be treated as rape merely because marriage does not ultimately take place. It is further argued that there is an unexplained delay of seven years in lodging the FIR, which seriously affects the credibility of the allegations and reflects an afterthought with malafide intent to harass the applicant. He also submits that the present applicant has no criminal antecedents. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the allegations levelled by the complainant are serious in nature, wherein she has alleged that the applicant developed physical relations with her for several years on the false pretext of marriage and thereafter refused to marry her, which constitutes a grave offence. Hence, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the victim is a major and legally married woman, residing with her husband since 2013 and also having an 11-year-old son, further the fact that the victim and the present applicant were in a consensual relationship and they established sexual relationship and she was a consenting party, therefore, without 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 – Dinanath Jatwar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan