1 CGHC010272862026 2026:CGHC:31502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR M.Cr.C(A) No.1164 of 2026 Shyamlal Netam S/o Late Sundar Lal Netam, Aged About 46 Years R/o Ward No.6, Jail Road, Bathena Ward Dhamtari, District Dhamtari (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Akladongari, District Dhamtari (C.G.) .... Non-Applicant For Applicant : Mr. Anil Gulati, Advocate. For Non-applicant/State : Ms. Sameeksha Gupta, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.07.2026 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.02/2026 registered at Police Station – SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.07.23 18:20:45 +0530 2 Akladongari, District Dhamtari (C.G.) for the offence punishable under Section 69 of BNS. 2. The prosecution case, in brief, is that the victim lodged a written complaint on 27.06.2026 at Police Station Akladongri alleging that the present Applicant, who is her maternal aunt's son, had proposed marriage to her even before his marriage with another woman in the year 2006. After subsequently separating from his wife, the Applicant allegedly developed a close relationship with the victim and repeatedly assured her that he would marry her and keep her with him for life. Believing the said promise, the victim entered into a physical relationship with the Applicant, who allegedly established sexual relations with her on several occasions from 2017 onwards, the last such incident having taken place on 16.03.2025 at the Applicant's house in Dhamtari. It is alleged that after maintaining physical relations with her for about eight years on the promise of marriage, the Applicant ultimately refused to marry her. Based on these allegations, the offence as mentioned above has been registered against the present Applicant. Hence, this application. 3. Learned Counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case. It is contended that the Applicant and the victim both 3 belong to the Scheduled Tribe community, are also related to each other and as per the prevailing customs of their community, marriage between cousins is permissible. It is further submitted that the victim was fully aware that the Applicant was already married and that matrimonial disputes were pending between the Applicant and his wife, who had been living separately for several years. In this regard, reliance is placed on the proceedings and letters exchanged before the community elders to demonstrate the matrimonial discord between the Applicant and his wife. It is also submitted that despite having full knowledge of these facts, the victim voluntarily remained in a relationship with the Applicant for several years and has lodged the present complaint only thereafter. He further submits that the Applicant is a duly elected Ward Councillor (Parshad) and in the event of his arrest, his political career and public reputation would suffer irreparable prejudice. He lastly submits that conclusion of the trial is likely to take considerable time, therefore, the Applicant may be granted anticipatory bail. 4. On the other hand, learned State Counsel opposes the bail application. 5. Considering the submissions advanced by learned Counsel 4 for the parties, the material available in the case diary, the nature of allegations, the fact that the victim was admittedly aware that the Applicant was already married and had remained in a relationship with him for several years, the matter appears to arise out of a long-standing consensual relationship and without commenting anything on the merits of the case, this Court is of the considered opinion that it is a fit case to extend the benefit of anticipatory bail to the Applicant. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Shyamlal Netam, on executing a personal bond with 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/s 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/her/them from disclosing such fact to the Court. (b) The Applicant/s shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant/s shall appear before the trial Court on each and every date given to him/her/them by the said Court till disposal of the trial. (d)The Applicant/s and the surety shall submit a copy of his/her/their adhaar card along with a colored postcard full size photo having printed the adhaar number on it, which shall be verified by 5 the trial Court. (e)The Applicant/s shall not involve himself/herself/themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya