1 2025:CGHC:60411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1867 of 2025 Ajay Kumar Nirmalkar S/o Amarrath Aged About 27 Years R/o 517/2 Ward No. 2 Ddm Road, Tulsi Nagar, Saket Nagar, Korba, Tahsil And District - Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer - Darri, District - Korba (C.G.) ... Non-applicant(s) For Applicant : Mr. Sumit Jhawar, Advocate. For Non-applicant : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11.12.2025 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.236/2025 registered at Police Station – Darri, Korba, District- Korba (C.G.) for the offence punishable under Section 69 of BNS. 2. Prosecution case, in brief, is that on 16.10.2025, the complainant lodged a report at Police Station Darri alleging that the accused had been engaging in sexual intercourse with her for the last three KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 years on the false pretext of marriage. On the basis of this complaint, an offence under Section 69 of the BNS, 2023 was registered against the present applicant as Crime No. 236/2025. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case with the sole intention of mentally harassing him. There is an unexplained delay of nearly three years in lodging the FIR, which clearly indicates that the complaint is an afterthought and has been made with malafide intention. It is further submitted that the applicant had earlier lent money to the complainant through UPI and cash transactions, and when he requested repayment, the complainant not only refused but also threatened to implicate him and his family members in a false criminal case. The present complaint, therefore, appears to be a clear attempt by the complainant to evade her financial liability. Moreover, there is no medical evidence or material on record to substantiate the allegation of sexual intercourse, making the accusations highly doubtful at this stage.. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the prayer for grant of anticipatory bail and submits that the applicant allegedly established physical relations with the victim on the pretext of marriage. However, subsequently, the applicant refused to solemnize the marriage, 3 leading to the filing of the present FIR. 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 and circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that from perusal of the victim’s statement recorded under Section 183 of BNSS, it appears that the victim is a major girl, involved in physical relationship with the applicant since long time and when their relationship could not be materialized, she lodged the FIR against the applicant and also considering the fact that there is an inordinate delay in lodging the FIR, for which no explanation has been offered in this regard hence, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Ajay Kumar Nirmalkar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on anticipatory 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. 4 (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 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/- Sd/- (Ramesh Sinha) Chief Justice Kunal