1 2025:CGHC:59284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1918 of 2025 Sunny Gedam S/o Basant Gedam Aged About 27 Years R/o Street No. 6, Durga Chowk Shankar Nagar, Durg, Tehsil And District Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Mohan Nagar, District Durg (C.G.) ...Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Ms. Subha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.12.2025 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. 389/2025 registered at Police Station – Mohan Nagar District – Durg (C.G.) for the offences punishable under Sections 69, 115(2), 296, 351(2) of the BNS. 2. The prosecution story in brief is that, the victim has filed an application before the Police Station Mohan Nagar stating therein that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.12.08 18:11:13 +0530 2 accused since 2022, regularly make sexual relations with her after promising to marry her and also own her child who is born from her previous marriage. From 2022 to March 2024, the accused regularly exploited her and also abused and beaten her when she demanded for marriage. He left her rental home and start living in other area. When it came to the knowledge to the accused, he came in that house and make sexual relations with the promise to kept her properly, but after then he beaten her and ran away. On 17-08-2025, when she was returning from the market, the accused came to her home and forced her to accompany him in the Shankar Nagar, where accused also forcefully make sexual physical relation with her and abused and beaten her. 3. Learned counsel applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits that the applicant has not acted in the manner alleged by the prosecution. It is pertinent to mention that, even if the prosecution case is taken at its face value, the facts prima facie indicate a consensual relationship, as the applicant and the victim reside in the same locality. The victim is a major married woman, fully aware of the consequences of her actions, and despite such knowledge, she continued her relationship with the applicant from 2022 to 2025. The applicant and the victim have been in a love relationship for the past three years and had also married with mutual consent, pursuant to which the victim started residing with the applicant as his wife from 16.09.2022. On the same day, the victim executed an affidavit and a consent letter declaring that she was residing with the applicant out of her own free will and that she deeply loved him, which is evident from the agreement/affidavit filed as 3 Annexure A-2. The applicant further craves the leave of this Hon’ble Court to raise any other appropriate ground at the time of hearing and submits that he is ready to furnish adequate surety and abide by all conditions that may be imposed by this Hon’ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application, submitting that the accused has, since 2022, exploited the complainant under the false promise of marriage, subjected her to repeated abuse, and on 17-08-2025 forcibly took her to Shankar Nagar, where further misconduct and assault occurred. The MLC reflects grievous injuries, and the accused has two prior cases. Given this pattern of coercion and violence, the State counsel argues that the accused poses a serious threat to the complainant and is not entitled to anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the gravity of the offence, and the material available in the case diary, it is evident that the accused has continuously exploited the complainant since 2022 by maintaining sexual relations under the false promise of marriage, despite her having a child from a previous marriage. The accused subjected her to repeated physical abuse and beatings whenever she demanded marriage, abandoned her residence, and repeatedly coerced her into intimacy with false assurances before fleeing again. On 17-08-2025, the accused forcibly took her to Shankar Nagar, where he sexually 4 assaulted, abused, and beat her. The MLC report confirms that the victim suffered grievous injuries, and the accused has two previous cases registered against him. This consistent pattern of exploitation, coercion, and violence demonstrates a serious threat to the complainant’s safety. Therefore, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant – Sunny Gedam, involved in Crime No. 389/2025 registered at Police Station – Mohan Nagar District – Durg (C.G.) for the offences punishable under Sections 69, 115(2), 296, 351(2) of the BNS, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav