Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:23319
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 759 of 2026 Kuldeep Singh S/o Surendra Kumar Singh Aged About 35 Years R/o 36/416, Indorsan Gali, Vivekanand Nagar Torwa, Jj Hospital Ke Pass , Police Station- Torwa, District- Bilaspur, Chhattisgarh.
... Applicant versus State of Chhattisgarh Through Police Station Torwa, District- Bilaspur, Chhattisgarh.
... Non-applicant For Applicant : Mr. Gagan Tiwari, Advocate. For Non-applicant/State : Ms. Ritika Verma, Panel Lawyer For Objector/complainant : Mr. Aman Pandey, Advocate Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 15.05.2026
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. 222/2026 registered at Police Station – Torwa, District- Bilaspur (C.G.) for the offence punishable under Sections 69 and 296 of the Bhartiya Nyaya Sanhita, 2023.
2. As per the prosecution case, the complainant/victim and the present applicant were acquainted with each other for a considerable period RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 of time, as they had met at a Civil Judge coaching centre situated at National Complex, Bilaspur. During the course of their acquaintance, the applicant allegedly proposed marriage to the victim, which was accepted by her. Thereafter, the applicant is stated to have visited the house of the victim and informed her mother about his intention to marry her, upon which her mother asked him to bring his family members for finalization of the marriage proposal. It is further alleged that the applicant frequently visited the house of the victim, accompanied her to coaching classes and remained in regular telephonic contact with her. According to the prosecution, on 15.08.2025, the applicant took the victim to his ofÏce situated at District Panchayat and thereafter took her to his house at Torwa on the pretext of introducing her to his mother and, after taking her to his room, forcibly established physical relations with her against her will. It is further alleged that on 20.09.2025, when the victim had gone to Raipur in connection with an examination, the applicant took her to a room at Davda International Hotel, Raipur and again established physical relations with her against her consent. The prosecution further alleges that on 25.01.2026, the applicant took the victim to Visakhapatnam for a trip and attempted to establish physical relations with her there also and, upon her refusal, became angry, abused her and brought her back to Bilaspur. Thereafter, when the victim requested the applicant to marry her, he allegedly refused to do so and denied having any physical relationship with her. On the basis of the written complaint lodged by the victim, the aforesaid FIR has been
3 registered against the present applicant. Hence, the present anticipatory bail application.
3.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the allegations levelled against him are vague, omnibus and devoid of material particulars. It is further submitted that, even if the entire prosecution story is taken at its face value, it clearly reflects that the victim was a major woman aged about 34 years and that the relationship between the parties was voluntary and consensual in nature. He further submits that, in order to attract the ingredients of Section 69 of the B.N.S., there must be an element of deceit, inducement or a false promise of marriage from the very inception, which is completely absent in the present case, as it is apparent from the prosecution case itself that the applicant had visited the house of the victim and met her mother with a genuine intention to solemnize marriage. It is also submitted that there is an inordinate delay in lodging the FIR, inasmuch as the alleged incidents are stated to have occurred during the period from 15.08.2025 to 20.09.2025, whereas the written complaint came to be lodged only on 25.04.2026 without any satisfactory explanation. He further submits that the victim herself has admitted that she and the applicant were well acquainted with each other for a long period and remained in regular contact and that the applicant had proposed marriage to her, to which her mother responded that discussions regarding marriage would take place after completion of construction of their house. It is contended that such admitted
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facts make the subsequent allegations highly doubtful and improbable in nature. He also submits that, in the written objection filed by the victim herself, it has been specifically admitted that both parties used to meet each other frequently and both families were acquainted with each other, which clearly demonstrates that the relationship between the parties was consensual and voluntary. It is further submitted that, as per the prosecution case itself, the applicant was willing to bring his parents to the house of the victim for formalization of the marriage proposal, however, the victim’s mother had deferred such meeting due to ongoing construction work at the house, thereby clearly indicating the bona fide intention of the applicant to marry the victim and negating the allegations levelled against him. He further submits that the victim was admittedly a major lady at the time of the alleged incident, working as a Panchayat Secretary, and was fully capable of understanding the nature and consequences of her acts. He further submits that the present applicant has no criminal antecedents. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector/complainant vehemently oppose the prayer for anticipatory bail and submit that the applicant has committed a serious offence by establishing physical relations with the victim on the false promise of marriage and thereafter refusing to marry her. It is submitted that the victim has specifically alleged in her written complaint that the applicant repeatedly induced her to enter into a physical relationship by assuring her that he would solemnize
5 marriage with her and, relying upon such assurance, she consented to the relationship. It is further submitted that the conduct of the applicant, after maintaining physical relations with the victim on several occasions and subsequently denying the relationship and refusing marriage, clearly establishes dishonest intention on his part from the very inception. It is further contended that merely because the victim was a major woman would not by itself negate the offence alleged against the applicant, particularly when the consent was obtained on the basis of a false promise of marriage. It is also submitted that the allegations made by the victim are specific and supported by the surrounding circumstances and the matter is still under investigation.
Considering the gravity and nature of allegations, the applicant 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, the nature of allegations, the material available on record and the submissions advanced by learned counsel for the parties, particularly taking into
consideration the fact that the victim is admittedly a major woman aged about 34 years, that both parties were acquainted with each other for a considerable period of time and remained in regular contact, and further considering the admitted circumstances reflecting that the relationship between the parties appears to be consensual in nature, therefore, without commenting anything on merits, I am inclined to grant anticipatory bail to the applicant.
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kuldeep Singh, 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. (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 her 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