1 2026:CGHC:27433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1013 of 2026 Kamal Sahu S/o Aalekh Sahu Aged About 36 Years R/o Village Samdarha, Maldamal, Mahasamund, District Mahasamund (C.G.), Present Resident Kashyap Colony, Bilaspur, Police Station City Kotwali, District Bilaspur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Basantpur, District Rajnandgaon (C.G.) ... Non-applicant(s) For Applicant : Ms. Richa Dwivedi, Advocate For Non-applicant/State : Ms. Nupoor Trivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.07.2026 1. This first anticipatory bail application under Section 482 of the BNSS has been filed by the applicant, who is apprehending his arrest in connection with Crime No.278/2026 registered at Police Station Basantpur District- Rajnandgaon, (C.G.) for the offence punishable under Section 69 of B.N.S. 2. Case of the prosecution in brief is that on 10.06.2026, the victim lodged a written report alleging that while working at Sumit Mandi KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Mall, she came into contact with the present applicant, who was also employed there and during the course of their employment they developed a love relationship. It is alleged that the applicant, on the false promise of marriage, established physical relations with the victim from the year 2013 till April, 2026. It is further alleged that despite her repeated refusal, the applicant used to visit her house in the absence of her family members and forcibly establish physical relations with her. It is also alleged that when the victim insisted upon marriage, the applicant refused and subsequently married another woman. On the basis of the aforesaid allegations, the present crime was registered against the applicant for the aforesaid offence. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has neither committed nor participated in the alleged offence. It is contended that the material collected during the course of investigation does not prima facie disclose the commission of the alleged offences. She further submits that the victim is a major and the parties remained in a consensual relationship for nearly 14 years. It is further submitted that there is an unexplained and inordinate delay in lodging the FIR. She also submits that the victim was pressurizing the applicant to leave his legally wedded wife and marry her and upon his refusal, she threatened to implicate him in a false case and also threatened to commit suicide. It is further contended that under such pressure, the applicant had transferred money to the victim on several occasions. Learned counsel lastly 3 submits that no custodial interrogation of the applicant is required and therefore, he deserves to be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the allegations against the present applicant are serious in nature. It is submitted that the applicant established physical relations with the victim on the false promise of marriage for a considerable period and thereafter refused to marry her and solemnized marriage with another woman. It is further submitted that the statement of the victim recorded under Section 183 of the BNSS supports the prosecution case and prima facie discloses the involvement of the applicant in the commission of the alleged offence. Considering the nature and gravity of the allegations and the material collected during the course of investigation, it is submitted that custodial interrogation of the applicant may be required for a fair and effective investigation and, therefore, the applicant is not entitled to the discretionary relief of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature of allegations and also considering the statement of the victim recorded under Section 183 of the BNSS, from perusal of the same, it transpires that the parties remained in a relationship from the year 2013 till 2026 and were consenting parties and when the relationship could not culminate into marriage, the present FIR came to be lodged against the applicant, the victim is a major, the 4 allegations are required to be tested during the course of trial and considering the overall facts of the case, thus without commenting anything on the merits of the case, this Court is inclined to allow the present application. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant- Kamal Sahu on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on anticipatory 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 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) He shall not involve himself in any offence of similar nature in future. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal