1 2026:CGHC:19410 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 624 of 2026 Mondresh (wrongly mentioned as Modresh in the order-sheet) Kosle S/o Panchram Kosle Aged About 25 Years, R/o Village- Barbaspur, Police Station and Tahsil- Kawardha, District- Kabirdham (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station - Mahila Thana Kawardha, District- Kabirdham Chhattisgarh. ...Non-applicant For Applicant : Mr. Chandrikaditya Pandey, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.04.2026 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. 10/2026 registered at Police Station – Mahila Thana Kawardha, District- Kabirdham Chhattisgarh (C.G.) for the offences punishable under Sections 69, 81, 115(2), 351(3) of the BNS. 2. As per the prosecution, the prosecutrix lodged a written complaint alleging that the present applicant sexually exploited her on the false VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.04.28 11:09:08 +0530 2 promise of marriage. It is alleged that while working as a teacher at Future Foundation Academy, Barbaspur, she came into contact with the applicant, who was the brother of her co-teacher, and they developed acquaintance. The applicant allegedly assured her of marriage and, on that pretext, established physical relations with her from July–August 2024 on wards at different places, including Bhoramdev Stay Homes. It is further alleged that during September– October 2025, he kept her in a rented house at Village Podi, where she became pregnant twice and the applicant got her pregnancies terminated. The prosecution further alleges that upon being pressured for marriage, the applicant abused and assaulted her. On 15.03.2026, he allegedly took her to Amar Tapu, performed certain rituals, and thereafter again established physical relations with her, but on the next day drove her out and threatened her.On the basis of the complaint, FIR bearing Crime No. 10/2026 has been registered at Police Station Mahila Thana, Kawardha, District Kabirdham (C.G.) for offences under Sections 69, 81, 115(2), and 351(3) of the Bharatiya Nyaya Sanhita, 2023. The investigation is ongoing and charge-sheet has not yet been filed. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is respectfully submitted that the prosecutrix was known to the applicant for the last two years, as she used to teach in the same school where the applicant’s sister was employed, and during her visits to the applicant’s house, both came into contact, developed a consensual relationship, and out of love, established physical relations, which 3 does not constitute an offence. It is further submitted that both parties, being majors, were in a relationship akin to husband and wife and even performed marriage in their society, pursuant to which the prosecutrix resided with the applicant for a short period; however, she later left him on the ground that her family would not accept the marriage due to caste differences. It is also submitted that prior to the lodging of the present FIR, the applicant’s father had filed a complaint against the prosecutrix alleging harassment, abuse, and damage to property, and the present complaint is a counterblast to the said report. Therefore, it is evident that the physical relationship was not on any false pretext of marriage, but was consensual between two adults, and no offence under Section 69 of the Bharatiya Nyaya Sanhita, 2023 is made out, entitling the present applicant to the benefit of anticipatory bail. 4. On the other hand, the learned State Counsel appearing for the non- applicant/State, and submits that the applicant, on the pretext of marriage, had sexual relations with the victim, therefore, he is not entitled to the 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 and the nature of the allegations levelled against the applicant, it appears that the victim, being a major, and the present applicant were known to each other and were in a consensual relationship, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR came to be lodged by the 4 victim on the allegation that the applicant refused to marry her. Therefore, without making any further comments on the merits of the case, this Court is 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 – Mondresh, on executing a personal bond and 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 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