1 CGHC010244842026 2026:CGHC:31256 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1028 of 2026 1 - Kailash Kushwaha S/o Ratu, Aged About 38 Years R/o Near Government Higher Secondary School, Baikunthpur, P.S. / Tehsil Baikunthpur, District Koriya, Chhattisgarh ...Applicant(s) versus 1 - State of Chhattisgarh Through The Police Of Baikunthpur, District Koriya (C.G.) ... Respondent(s) For Applicant(s) : Mr. Sashwat Gupta, Advocate For Respondent(s)/State : Ms. Sameeksha Gupta, P.L. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.07.2026 1. This is the first anticipatory bail application filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the applicant, who is apprehending his arrest in connection with Crime RUCHI YADAV Digitally signed by RUCHI YADAV 2 No. 147/2026 registered at Police Station Baikunthpur, District Koriya (C.G.), for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023. 2. The prosecution case, in brief, is that the prosecutrix, a widow, came into contact with the applicant in the year 2025. It is alleged that the applicant, by representing himself as a widower and on the false promise of marriage, established physical relations with the prosecutrix on several occasions. Subsequently, he allegedly refused to marry her. On the basis of the written complaint lodged by the prosecutrix, the present crime was registered against the applicant and he was arrested in connection with the said crime. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the case. It is contended that both the applicant and the prosecutrix are widowed adults and that the allegations, as reflected in the FIR, disclose a consensual relationship between them. It is further submitted that there is no material to show that, at the inception of the relationship, the applicant had any fraudulent intention to deceive the prosecutrix by making a false promise of marriage and that the dispute arose only after the relationship could not culminate in marriage. On these grounds, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application and submits that the pregnancy test of the prosecutrix has been found positive and considering the 3 nature and gravity of the allegations, the applicant is not entitled to the grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Taking into consideration the facts and circumstances of the case, particularly the fact that both the applicant and the prosecutrix are widowed adults, the allegations prima facie disclose that they were in a consensual relationship, and without expressing any opinion on the merits of the case, this Court is of the opinion that the applicant has made out a case for grant of anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kailash Kushwaha 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) 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 shall appear before the trial Court on each and every date given to her by the said Court 4 till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card along with a colored 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/- (Ramesh Sinha) CHIEF JUSTICE Ruchi