Mohit Sahu vs State Of Chhattisgarh

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. 195/2026 registered at Police Station- Kabir Nagar, District Raipur (C.G.) for offence punishable under Section 64(2)(m) of BNS/376(2)(n) of IPC and Section 69 of BNS.

Case of the prosecution, in brief, is that on the basis of a written complaint submitted by the prosecutrix crime has been registered against the present applicant and it is alleged that the prosecutrix, a 19-year-old young woman, came into acquaintance with the present applicant through Instagram. and thereafter both of them started communicating with each other through messages and phone calls. It is further alleged that on 19.02.2025, the prosecutrix and the present applicant met for the first time and, while returning, the present applicant took her to the house of his friend. It is alleged that there, the present applicant told the prosecutrix that he loved her and would marry her. Despite her refusal, the present applicant allegedly established physical relations with her against her will. It is further alleged that the present applicant told the prosecutrix that his marriage had been forcibly arranged by his family and that he had been living separately from his wife for the last four months. It is alleged that the present applicant further assured the prosecutrix that he would leave his wife and marry her and, on the said assurance of marriage, established physical relations with her. The prosecutrix further alleged that thereafter, on several occasions, the present applicant took the prosecutrix to different places on the pretext of taking her out and established physical relations with her at Supreet Inn Hotel, Govind Nagar, Pandri. It is alleged that the present applicant continued to establish physical relations with the prosecutrix on the promise of marriage and subsequently refused to marry her. Applicant apprehends his arrest in connection with the aforementioned crime number.

Learned counsel for the applicant submits that the applicant is innocent and has been been falsely implicated in the crime. The complainant alleged that the applicant is in relationship with complainant since 2025 and the allegation if stated to be correct that there is physical relationship between them which is consentual as complainant is also a major aged about 19 years. 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 after coming in contact with the complainant in the 2025, the applicant established physical relationship with the complainant on the pretext of marriage, thereafter he got married in the year 2026 with some other girl and even thereafter the applicant establisehd physical relationship with the complainant on the pretext of marriage stating that he will perform marriage with her. He 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.

Considering the entirety of the facts and circumstances of the case, submission of learned counsel for the respective parties, nature of allegation, allegation levelled against the applicant, further considering that the applicant got married in the year 2026 with some other girl and even thereafter the applicant establisehd physical relationship with the complainant on the pretext of marriage, I do not find present to be a fit case to allow this anticipatory bail application.

Accordingly, this application filed under Section 482 of the BNSS, 2023 stands dismissed.