1 2026:CGHC:5045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 148 of 2026 Kavi Kumar Chauhan S/o Natthu Ram Chauhan Aged About 27 Years Occupation - Private Job, R/o- Village- Khamhar, Out Post - Jobi, Police Station And Tahsil- Kharsia, District- Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through - The S.H.O. Of The Police Station- Kharsia, District- Raigarh (C.G.) ... Respondent For Applicant : Shri Abhishek Saraf, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 29/01/2026 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.07/2026 registered at Police Station – Kharsia, District - Raigarh (C.G.) for the offence punishable under Section 69 of the Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.30 18:35:05 +0530 2 2. Case of the prosecution, in brief, is that on 04-01-2025, the Prosecutrix lodged a written complaint at Kharsia Police Station alleging that, she is a 30 years old married women, and having two sons the elder son is 14 years old and the younger son is 10 years old. Due to quarrels and family disputes with her husband, she has separated from her husband for the last 6 years. She lives alone at her uncle-in-law's in village Khamhar, who has two sons and a daughter. Her brother-in-law/Applicant used to talk to the Prosecutrix, both of them fell in love and he used to say that he would marry her, the applicant lived in the rented house of Kanhaiya Lal Rathore in March 2025. Prosecutrix used to run a medical shop of Padmavat Maya. She was in a rented house from March 2025 to October 2025, at the same time made relation with applicant several times on the pretext of marriage, and on the basis of the written complaint offence under Section 69 of the BNS was registered as Crime No. 07/2026, at Kharsia Police Station, Raigarh district in which applicant is apprehending of his arrest. 3. Learned counsel for the applicant submits that the victim is already a married woman having two children. It is stated that she was living separately from her husband and she came in contact with the applicant and they were in relation for last six years and when relationship could not materialize, present FIR has been lodged. He would submit that applicant is a permanent resident of address mentioned in the cause title and there is no likelihood of absconding and he undertakes to abide by all conditions imposed by this Court, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, perused the statement of the victim under Section 183 BNSS, considering the fact that the victim is already a married woman having two children and she was living separately from her husband and she came in contact with the applicant and they were in relation for last six years and when relationship could not materialize, present FIR has been lodged, therefore considering the fact, 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 – Kavi Kumar Chauhan, 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) 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. (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 4 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 gouri