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2026 DAILYLAW 29684 (CHH)

SAHIL MOOLCHANDANI v. STATE OF CHHATTISGARH

MCRCA/1185/2026 · 2026-07-29

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Judgment text

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1 CGHC010287922026 2026:CGHC:32947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1185 of 2026 Sahil Moolchandani S/o Shri Nandkishore Moolchandani Aged About 25 Years R/o Archana Vihar, Nehrunagar Police Station Civil Line District Bilaspur C.G. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Civil Line, District Bilaspur C.G. ... Respondent(s) For Applicant(s) : Mr. Surfaraj Khan, Advocate For Respondent(s) : Mr. Shailendra Sharma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 946/2026 registered at Police Station – Civil Line, District- Bilaspur (C.G.) for the offence punishable under Sections 115(2), 127(2) and 69 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.30 15:46:59 +0530 2 2. As per the prosecution case, the applicant allegedly induced the victim to enter into a physical relationship by making a false promise of marriage. It is alleged that, relying upon such assurance, the victim consented to the physical relationship; however, thereafter the applicant refused to marry her. On the basis of the complaint lodged by the victim, FIR bearing Crime No. 946/2026 was registered at Police Station Civil Lines, District Bilaspur, for the offences punishable under Sections 69, 127(2) and 115(2) of the Bharatiya Nyaya Sanhita, 2023, leading to the filing of the present bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated due to personal vendetta. It is contended that the allegations, even if accepted in their entirety, do not prima facie satisfy the essential ingredients of Section 69 of the BNS, 2023, particularly when the victim is admittedly a married woman having a four-year-old child and her marriage has never been legally dissolved, thereby rendering the allegation of a false promise of marriage inherently doubtful. It is further submitted that prior to the registration of the impugned FIR, the applicant had already lodged complaints before the Superintendent of Police, Bilaspur and the concerned Police Station, and had also instituted a private complaint before the learned JMFC, Bilaspur, pursuant to which the Court sought a report from the police. It is argued that the present FIR came to be 3 registered only thereafter as a retaliatory measure, lending support to the plea of false implication. It is also submitted that the victim had earlier been blackmailing the applicant’s elder brother, a practicing advocate, and is attempting to extort money from the applicant as well. Lastly, it is submitted that the applicant has no criminal antecedents and his custodial interrogation is no longer required, and, therefore, he deserves to be enlarged on bail. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant, after developing acquaintance with the victim through Instagram, established physical relations with her on the false promise of marriage from April to June, 2026. It is further submitted that when the victim came to know about the applicant’s relationship with other girls and questioned him, he assaulted and wrongfully confined her, and thereafter she was also assaulted by the applicant and his mother. Considering the serious nature of the allegations and the material collected during investigation, it is contended that the applicant’s prima facie involvement is established and, therefore, he is not entitled to the grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts and circumstances of the case, particularly her statement under Section 183 of the BNSS and the fact that the victim is admittedly a married woman having a child and her 4 marriage has not been legally dissolved, the existence of prior complaints and the private complaint filed by the applicant before registration of the present FIR, the nature of the relationship between the parties, the absence of any criminal antecedents of the applicant, and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sahil Moolchandani, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) He should 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 should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should 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 sureties shall submit a copy of their adhaar card alongwith a colored postcard full 5 size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav