Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:27431
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1015 of 2026 Dalsaay Mandavi S/o Roydaas Mandavi Aged About 35 Years R/o Haliya Vidyalay Para, Sidawand Post - Kohkameta Tehsil- Keshkal District- Kondagaon (C.G.)
... Applicant versus State of Chhattisgarh Through- S H O P.S. Keshkal District- Kondagaon (C.G.)
... Non-Applicant For Applicant : Mr. Akash Mishra, Advocate. For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Shri
Ramesh Sinha
, Chief Justice
Order on Board 03.07.2026
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. 85/2026 registered at Police Station – Keshkal District- Kondagaon (C.G.) for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhtia, 2023.
2. The facts of the prosecution case, in brief, are that an FIR has been registered against the applicant/accused on the allegation that the RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
2 victim came into contact with him and both developed a close relationship. It is alleged that in the month of May, 2022, at about 9:00 p.m., near the mango orchard situated in front of the Primary School at Haliya, the applicant, on the false promise of marriage and despite her resistance, established forcible physical relations with the victim. Thereafter, whenever the applicant came home on leave, he allegedly continued to establish physical relations with her on the assurance that he would marry her, and maintained such relationship till 18.12.2025. It is further alleged that, as a result of the said relationship, the victim became pregnant by about five months. Subsequently, when the victim requested the applicant to solemnize the marriage, he allegedly refused to do so, switched off his mobile phone, and avoided all contact. Thereafter, the victim lodged the present First Information Report against the applicant, giving rise to 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 prima facie the ingredients of the alleged offences are not attracted against him. It is further submitted that the entire prosecution case is false, baseless and founded on concocted
facts. From the contents of the FIR itself, it is evident that the parties were in a consensual love relationship for more than three years and had voluntarily cohabited during the said period. It is also submitted that both the applicant and the victim intended to solemnize their marriage and were willing to marry each other, however, their proposed marriage was opposed by the family
3 members of the victim, which ultimately led to the lodging of the present FIR. He further submits that the applicant is a government servant and, therefore, his arrest would cause serious prejudice to his service career. Being a permanent resident and a government employee, there is no likelihood of his absconding or evading the process of law. It is also submitted that the applicant belongs to a lower middle-class family, has no criminal antecedents, and is ready and willing to cooperate with the investigation as and when required. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the applicant has committed serious offences against the victim by repeatedly establishing physical relations with her on the false promise of marriage. It is submitted that the allegations made in the FIR are specific and disclose the commission of cognizable offences. The victim has consistently alleged that the applicant continued the physical relationship on the assurance of marriage and thereafter refused to marry her despite the fact that she became pregnant as a consequence of the said relationship. Therefore, considering the gravity of the allegations and the material collected during investigation, the applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 4
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, this Court finds that the victim and the applicant admittedly remained in a consensual love relationship for more than three years and continued to maintain physical relations during the said period. Prima facie, the material on record indicates that both parties intended to solemnize their marriage, however, the relationship could not culminate into marriage, leading to the registration of the present FIR.
The applicant is a government servant, has no criminal antecedents, and has expressed his willingness to cooperate with the investigation. Therefore, without commenting upon the merits of the case and considering the overall facts and circumstances, I am inclined to grant 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 – Dalsaay Mandavi, 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. 5 (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