1 CGHC010316742026 2026:CGHC:36658 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1339 of 2026 Dikesh Kumar Pandey S/o Sushil Pandey Aged About 32 Years R/o- House No. 11/g, Ward No. 02 Platpara, Sukurpal, Kondagaon, District- Kondagaon (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kondagaon, District Kondagaon (C.G.) ... Non-Applicant For Applicant : Shri Asseem Bhagwat Gopal, Advocate. For Non-Applicant : Miss Ritika Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17/08/2026 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.238/2026 registered at Police Station – Kondagaon, District – Kondagaon (C.G.) for the offence punishable under KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2026.08.18 20:18:35 +0530 2 Section 69 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. The prosecution story, in brief, is that in the year 2022, complainant became acquainted with the applicant, namely Dikesh Pandey, a resident of Sukurpal, who obtained her mobile number and initiated telephonic contact with her during nocturnal hours. During the course of their regular telephonic conversations, on 03.03.2022, the applicant called the complainant over phone, escorted her to 'Guru Lodge', and under the false pretext and inducement of marriage, established physical relations with her forcefully and against her will. It is further alleged that the complainant subsequently discovered that the applicant was already legally married but had fraudulently misrepresented himself as a bachelor to induce her into establishing physical relations on multiple occasions over a prolonged period. As a consequence of the said relationship, the complainant conceived a pregnancy in the month of March 2025 and subsequently gave birth to a male child on 05.11.2025, who is currently a 9-month-old infant. The complainant has further alleged that even after the childbirth, the applicant continuously subjected her to physical relations against her consent up to 22.07.2026. On these allegations, the impugned FIR has been registered. 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 the applicant has not committed any offence 3 and he has been falsely implicated in the present case, without there being any evidence against him. The allegations made in the FIR are manifestly false, exaggerated and motivated. The relationship between the applicant and the victim was a prolonged consensual relationship between two adults extending over several years. The victim had complete knowledge that the applicant was a married person and had a daughter from his lawful wedlock. Once such knowledge existed, the allegation that consent was obtained by concealment of marital status becomes a matter requiring trial and cannot justify custodial arrest. Prior to registration of the FIR, the applicant had submitted a written representation dated 31.07.2026 before the Superintendent of Police, Kondagaon and Inspector General of Police, Bastar Range, Jagdalpur (C.G.) specifically apprehending that the victim is demanding a huge amount of money and is threatening to implicate him in a false case if her demands are not fulfilled. On 8.7.2025, a compromise deed was executed in the presence of elderly persons of the village and family members of both sides and pursuant to the said settlement a sum of Rs.6 lakhs was paid to the complainant. Thereafter another written settlement was executed on 8.11.2025 at the PS Kondgaon wherein the applicant had agreed to provide financial support and maintenance to the victim. Therefore, the applicant be released on bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that in her 4 statement recorded under Section 183 of the BNSS, the victim has stated that the victim and the applicant were in relationship since 2022 and thereafter the applicant established physical relations with the victim on the pretext of marriage. She is aware that the applicant is a married person. On three occasions compromise proceedings have been initiated and in the said proceeding, the applicant had agreed that he would keep the victim as his wife. 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 relationship since 2022 and the relations between them were consensual and when the said relationship could not be materialized, the FIR has been lodged by the victim just to harass the applicant and further considering the contents of the statement of the victim recorded under Section 183 of the BNSS, this Court is inclined to extend the benefit of anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Dikesh Kumar Pandey, 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 5 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