1 CGHC010331822026 2026:CGHC:38153 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1399 of 2026 Faizal Aibani S/o Iqbal Aibani Aged About 33 Years R/o Bajrang Nagar, Takhatpur, District Bilaspur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, P.S. Sakri, Bilaspur, Chhattisgarh. ... Non-Applicant For Applicant : Shri Harshwardhan Parganiha appearing through VC with Shri Abhishek Pandey, Advocates. For Non-Applicant : Miss Samiksha Gupta, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2026 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.706/2026 registered at Police Station – Sakri, District- Bilaspur (C.G.) for the offence punishable under Sections 69 and KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.26 14:54:12 +0530 2 87 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that the complainant/victim was previously known to the present applicant and, on the pretext of marriage, the applicant allegedly induced her to accompany him along with her three minor children on 22.06.2026 from Uslaapur, Bilaspur. It is alleged that the applicant thereafter took the complainant and her children towards Indore and, during the period thereafter, took them to different places including Indore, Bhopal, Vadodara, Surat and Dongargarh. The prosecution alleges that during the said period, the applicant established physical relations with the complainant against her will and without her consent. The prosecution further alleges that the Applicant had repeatedly represented to the complainant that he would marry her and, on the strength of such representation, took her away from her matrimonial home. It is alleged that on 22.06.2026, the Applicant took the complainant and her three children by cab towards Indore and thereafter continued to travel with them to different places. The complainant has alleged that despite her resistance, the Applicant continued to establish physical relations with her and also threatened her with regard to her children. The prosecution further alleges that on 26.07.2026, at about 04:00 A.M., the Applicant left the complainant and her children at a hotel at Dongargarh and thereafter proceeded towards Bilaspur. On the basis of the written complaint submitted by the complainant on 27.07.2026, Police Station Sakri, District 3 Bilaspur registered Crime No. 706 of 2026 for the offences punishable under Sections 69 and 87 of the Bharatiya Nyaya Sanhita, 2023. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that allegations contained in the FIR, even if taken at their face value, require careful scrutiny in the light of the surrounding circumstances, the prior acquaintance between the parties and the contemporaneous conduct of the complainant and the Applicant. The Applicant is a married man having an established family and has consistently maintained that he had no intention or occasion to abandon his existing matrimonial relationship or his family. The circumstances of the present case, therefore, require appreciation in their proper factual context and cannot be reduced to the allegations contained in the FIR alone. The Applicant submits that the present case is not one where the allegation, by itself, warrants the custodial deprivation of his personal liberty. In the present case, the Applicant categorically denies having established any physical relationship with the victim and, therefore, the very foundational allegation of sexual intercourse remains disputed. The Applicant further specifically denies having made any dishonest or deceitful inducement on the false pretext of marriage, and the surrounding circumstances do not disclose any material warranting an inference that any alleged promise of marriage was false or deceitful from its inception. Even 4 otherwise, the essential ingredients of Section 69 of the BNS are prima facie not attracted against the Applicant. Section 69 applies where sexual intercourse is alleged to have been obtained by deceitful means or by making a promise to marry to a woman without any intention of fulfilling the same. In the present case, the Applicant's consistent case is that he never made any false promise of marriage with a dishonest intention and, on the contrary, had clearly communicated his position regarding marriage. In the absence of the foundational ingredient of a false promise made without intention of fulfilment, the invocation of Section 69 requires serious consideration by the Court. Therefore the applicant may be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant. 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, and the fact that the applicant and the victim were in consensual relationship for a substantial period, on account of which they established physical relationship, wherein victim was the consenting party and when their relationship could not be materialized, victim has lodged the FIR and that the victim is a married woman having 3 children, as such, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 5 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Faizal Aibani, 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) 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) he 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 size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) He should not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Barve