Vivek Bodale vs State Of Chhattisgarh

Applicant has preferred this 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. 179/2026 registered at Police Station - Bhanupratappur, District Kanker (C.G.) for the offence punishable under Sections 64(1) & 351(3) of the BNS.

The prosecution story, in brief, is that on 02.09.2026, the complainant lodged a written complaint at Police Station Bhanupratappur, District Kanker (C.G.), alleging that the applicant, who is related to her husband, had close family relations with her and had frequent interactions with her for several years. It is alleged that in the year 2025, while the complainant was residing at Raipur, the applicant secretly recorded a video of her while she was changing clothes and threatened to make the same viral. It is further alleged that on 23.07.2026, the applicant took the complainant to a lodge at Bhanupratappur and established physical relations with her under the threat of making the said video viral. The applicant allegedly continued to demand physical relations from the complainant on different occasions and threatened her with adverse consequences if she disclosed the incidents. Thereafter, the complainant disclosed the matter to her husband and lodged the report, on the basis of which FIR bearing Crime No. 179/2026 dated 02.09.2026 was registered against the applicant at Police Station Bhanupratappur, District Kanker (C.G.), for the offences punishable under Sections 64(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the complainant is a married woman, aged about 25 years, and a resident of Bhilai. The allegation against the applicant is that he called the complainant to Bhanupratappur and took her to a lodge situated approximately 150 km away from her residence. He submits that, considering the aforesaid circumstances, the complainant was a consenting party. He further submits that the applicant denies the allegations levelled against him and applicant has no other criminal antecedents. Therefore, he prays that the applicant be granted anticipatory bail.

Learned State Counsel opposes the submissions made by learned counsel for the applicant. However, he does not dispute the submission that the complainant is a resident of Bhilai and, as per the allegation, visited Bhanupratappur at the applicant's call.

Learned counsel for the objector opposes the submissions made by learned counsel for the applicant and submits that, after calling the complainant, the applicant forcibly committed sexual intercourse with her.

I have heard learned counsel for the respective parties.

On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, 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 crime in question (179/2026), he shall be released on anticipatory bail by the Officer arresting him on his executing a personal bond in the sum of Rs.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:

Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.