1 CGHC010303112026 2026:CGHC:35339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1295 of 2026 Pawan Matlani S/o Lakhmichand Matlani, Aged About 31 Years Resident Of Sindhi Colony, Tehsil And District Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through - Station - House Officer, Police Station - Sarkanda, District - Bilaspur (C.G.) ...Non-applicant For Applicant : Mr. Virendra Verma, Advocate. For Non-Applicant/State : Mr. Sangarsh Pandey, Govt. Advocate. For Objector : Dr. Prachi Diwan Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.08.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 1071/2026 registered at Police Station – Sarkanda, District - Bilaspur (C.G.) for the offences punishable under Section 69 of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.12 11:22:20 +0530 2 2. As per the prosecution story, on 21.07.2026, the victim lodged a written complaint at Police Station Sarkanda, District Bilaspur, alleging that she had become acquainted with the applicant, Pawan Matlani, in February 2026 through WhatsApp while ordering goods from his grocery shop. Thereafter, they started meeting and conversing with each other, and on 24.02.2026, the applicant took her to New Sharda Guest House, Sarkanda, where he discussed marriage with her. It is alleged that on 04.03.2026, on the occasion of Holi, the applicant took her to the said guest house and, on the promise of marrying her, established physical relations with her against her will. Thereafter, the applicant introduced her to his parents and assured her that they would marry by April 2026. It is further alleged that thereafter the applicant continued to establish physical relations with her on several occasions at the guest house and at his residence, while assuring her of marriage. The victim further alleged that she stayed at the applicant's parents' house for about two months and that the applicant had physical relations with her several times during that period, the last such incident having allegedly occurred on 06.07.2026 at about 09:00 p.m. It is alleged that despite repeatedly assuring her of marriage, the applicant subsequently refused to marry her. On the basis of the victim's written complaint, Crime No. 1071/2026 was registered at Police Station Sarkanda for the offence punishable under Section 69 of the BNS, 2023, and investigation was taken up. The charge-sheet has not yet been filed and the investigation is stated to be in progress. 3. Learned counsel for the applicant submits that the applicant is innocent, has not committed any offence and has been falsely 3 implicated in the present case. It is submitted that the applicant neither gave any false promise of marriage to the victim nor established physical relations with her on any false assurance. The alleged first incident is stated to have occurred on 04.03.2026, whereas the complaint/FIR was lodged only on 21.07.2026, after an unexplained delay of nearly four months, which indicates a belated and afterthought allegation arising out of subsequent disputes between the parties. It is further submitted that the complaint and statement of the victim themselves reveal that the parties were in a prolonged, continuous and consensual relationship, that the applicant introduced her to his parents who agreed to their marriage, and that she thereafter stayed at the applicant's house for about two months, during which their physical relationship continued voluntarily. It is contended that the subsequent failure or refusal to marry, arising out of domestic and family disputes, cannot by itself establish that the relationship was non-consensual from its inception. It is further submitted that a registered compromise deed was executed between the parties on 06.07.2026, reflecting their mutual decision to separate. The applicant is a 31-year-old respectable person with no criminal antecedents, is a permanent resident of District Bilaspur and has deep roots in society; hence, there is no likelihood of his absconding, tampering with evidence or influencing witnesses. Learned counsel further submits that the applicant is ready and willing to cooperate with the investigation, furnish adequate surety and abide by all the conditions imposed by this Court. Therefore, considering the facts and circumstances of the case, it is prayed that the applicant may kindly be granted anticipatory bail. 4 4. Learned State Counsel opposes the bail application and submits that the allegations against the applicant are serious in nature and that the applicant is alleged to have established physical relations with the victim on several occasions on the promise of marriage and thereafter refused to marry her. It is further submitted that the investigation is still in progress and the charge-sheet has not yet been filed; therefore, considering the nature and gravity of the allegations, the applicant does not deserve to be enlarged on bail. 5. Learned counsel for the objector also opposes the bail application and submits that the victim has specifically alleged that the applicant repeatedly established physical relations with her by assuring her that he would marry her, and subsequently refused to fulfil his promise. It is further submitted that the allegations are supported by the material collected during investigation and, therefore, no ground is made out for granting bail to the applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts and circumstances of the case and the nature of the allegations levelled against the applicant, it appears that the victim, being a major, and the present applicant were known to each other and were in a consensual relationship, during which a physical relationship was established. Thereafter, when the relationship could not culminate in marriage, the present FIR came to be lodged by the victim on the allegation that the applicant refused to marry her. Therefore, without making any further comments on the merits of the 5 case, this Court is inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Pawan Matlani, 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 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 his 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/- (Ramesh Sinha) Chief Justice vaibhav