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2026 DAILYLAW 21972 (CHH)

RAMESH KUMAR DEWANGAN v. STATE OF CHHATTISGARH

MCRCA/875/2026 · 2026-06-17

Transfer Petitionbody2026

Judgment text

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1 2026:CGHC:24774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 875 of 2026 Ramesh Kumar Dewangan Son Of Shri Shankh Lal, Aged About 28 Years Resident Of Village - Beto, Police Station- Raghunathnagar, District- Balrampur - Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Incharge, Police Chowki- Wadrafnagar, Police Station- Basantpur- District- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Amit Kumar Verma, Advocate. For Non-applicant/State : Mr. Ankita Shukla, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.06.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 68/2026 registered at Police Station – Wadrafnagar, P.S. Basantpur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Section 64(2)(m), 308(2) and 351(3) of BNS. 2. As per the prosecution case, on 15.11.2025 at about 9:00 PM, the prosecutrix received a phone call from an unknown number. The caller, who identified himself as Deepak Dewangan (the present applicant), told her that he knew everything about her and demanded that she accept his Digitally signed by JYOTI JHA Date: 2026.06.19 14:45:28 +0530 2 proposal, failing which he would disclose personal information to her family members. It is further alleged that the applicant hacked her mobile phone by sending a link. Thereafter, in December, 2025, the applicant allegedly obtained photographs of the prosecutrix and continuously forced her to remain in contact with him. Whenever she refused to talk to him, he allegedly abused, harassed and threatened her, stating that he would send her photographs to her family members. It is further alleged that on 20.12.2025, the applicant came near her college, took the prosecutrix to a room and committed sexual intercourse with her. Thereafter, he allegedly continued to have sexual intercourse with the prosecutrix on several occasions by threatening to make her photographs and videos viral. It is also alleged that on 13.04.2026, when the prosecutrix had accompanied her father to Ambikapur for medical treatment, the applicant again came near the hospital. Subsequently, the prosecutrix informed her parents about the incident, on the basis of which the present crime has been registered against the applicant for the offences punishable under Sections 64(2)(m), 308(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that, as per the prosecution case itself, the complainant is a major lady and the applicant and the victim had been in a relationship since the year 2025 and had voluntarily developed intimacy with each other and when the relation did not materialized, she lodged the present FIR. It is further submitted that the conduct of the victim is doubtful and raises suspicion, as she appears to have been a consenting party throughout the relationship. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. Learned State counsel opposes the application and submits that the allegations against the applicant are serious in nature. He submits that the prosecutrix has specifically alleged that the applicant repeatedly established physical relations with her by threatening to make her photographs and videos viral. He further submits that the statement of the prosecutrix supports the prosecution case; therefore, the applicant is not entitled to the benefit 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 upon perusal of the case diary, it appears that the prosecutrix is a major lady and that she and the present applicant were acquainted with each other and remained in a relationship for a considerable period. Prima facie, the material available on record indicates that they had developed intimacy and established physical relations. The FIR appears to have been lodged subsequently when the relationship between the parties did not culminate as expected. Without expressing any opinion on the merits of the case and considering the nature of allegations, the age of the prosecutrix, and the overall facts and circumstances of the case, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant Ramesh Kumar Dewangan 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. 4 (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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Jyoti