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Judgment
Applicant has preferred First bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of anticipatory bail as he apprehends his arrest in connection with Crime No. 449/2026 registered at Police Station- Kotwali, District Rajnandgaon (C.G.) for offence punishable under Section 69 of BNS.
Case of the prosecution, in brief, is that the complainant/victim lodged report in the concerned police station on 19.08.2026 stating that the applicant on pretext of marriage has established physical relationship on 15.03.2026 in Transit Hostel, Rajnandgaon and thereafter stopped talking to her and refuse to marry her. Based on the report aforementioned crime number was registered. Applicant apprehends his arrest in connection with the aforementioned crime number.
Learned counsel for the applicant submits that the victim and applicant are major they are having love affair since long time. False and fabricated allegations have been levelled against the applicant for establishing the physical relationship, even if that is taken to be correct, the victim being major lady aged about 23 years would be a consenting party. Hence no offence is alleged to be made out against the applicant. He also contended that the alleged incident is of 15.03.2026 whereas the report was lodged on 19.08.2026 i.e. after about 5 months. Applicant is a government servant and there is no likelihood of his absconding. He will participate in investigation. He also submits that there is no any other criminal antecedent against the applicant, therefore the benefit of anticipatory bail may be extended to him.
Learned State counsel opposes the submission of learned counsel for applicant and submits that according to allegation the applicant has committed the offence by giving false promise of marriage. She also contended that based on the report, crime is registered. There is prima facie allegation against the applicant.
I have heard learned counsel for the respective parties and also perused the documents enclosed along with bail application.
On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, further considering that victim and applicant are major they are having love affair since long time and the alleged incident is of 15.03.2026 whereas the report was lodged on 19.08.2026 i.e. after about 5 months. Applicant is a government servant and there is no likelihood of his absconding, without commenting anything on merits, I am inclined to allow this anticipatory bail application.
Accordingly, application is allowed and it is directed that in the event of arrest of applicant in connection with the aforementioned crime number, he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of ₹25,000/- with one surety in the like sum to the satisfaction of the concerned arresting Officer. Applicant shall also abide by the following conditions:
that the applicant shall make himself available for interrogation before the Investigation Officer as and when required;
that the applicant 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 from disclosing such facts to the Court or to any police officer;
that the applicant shall not act, in any manner, which will be prejudicial to fair and expeditious trial; and
that the applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.