Sunil Kumar Dhiwar vs State Of Chhattisgarh
2026 Latest Caselaw 1194 Chatt

Citation : 2026 Latest Caselaw 1194 Chatt
Judgement Date : 1 April, 2026

[Cites 0, Cited by 0]

Chattisgarh High Court

Sunil Kumar Dhiwar vs State Of Chhattisgarh on 1 April, 2026

Author: Ramesh Sinha

Bench: Ramesh Sinha

                                                             1




                                                                                 2026:CGHC:15079
                                                                                             NAFR

                                   HIGH COURT OF CHHATTISGARH AT BILASPUR


                                                MCRCA No. 472 of 2026

                      Sunil Kumar Dhiwar S/o Teras Ram Dhiwar Aged About 37 Years R/o
                      Dadarkhurd Korba, Tehsil- Korba Dist- Korba (C.G.)               ... Applicant




                                                          versus
                      State Of Chhattisgarh Thana Civil Line Rampur, Korba District- Korba (C.G.)
                                                                                    ... Respondent

                      For Applicant                : Ms. Megha Mishra, Advocate.

                      For Non-Applicant/State      : Ms. Smriti Shrivastava, Panel Lawyer.


                                       Hon'ble Mr. Ramesh Sinha, Chief Justice
                                                    Order on Board
VAIBHAV
SINGH
                      01.04.2026

1. This first anticipatory bail application under Section 482 of the Bhartiya

Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who

is apprehending his arrest in connection with Crime No.150/2026

registered at Police Station - Thana Civil Line Rampur, Korba District-

Korba (C.G.) for the offences punishable under Section 69 of the BNS.

2. The prosecution story, in brief, is that the prosecutrix and the applicant

came into contact around eight months prior to the incident and

gradually developed a close relationship with each other. It is alleged

that after exchanging mobile numbers, they started talking regularly

over phone, meeting frequently at different places and developed

physical relations. According to the prosecution, the applicant had

established physical relations with the prosecutrix on the promise of

marriage. However, on 26.02.2026, the prosecutrix came to know

through a marriage card that the applicant was going to marry another

woman and had no intention to marry her. Feeling deceived, she

approached the police authorities and lodged a report against the

applicant alleging that he had sexually exploited her on the false

pretext of marriage. On the basis of the said complaint, the police

registered an FIR against the applicant for the alleged offence.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated due to a personal dispute

with the prosecutrix. It is submitted that the applicant is a poor farmer

and labourer and was unable to fulfil the expectations of the

prosecutrix. Learned counsel further submits that although the alleged

incident is said to have commenced on 04.07.2025, the FIR came to

be lodged only on 26.02.2026, which clearly indicates that the

allegations are an afterthought. It is contended that the applicant and

the prosecutrix had known each other for the last eight months, used

to meet frequently, go out together and the prosecutrix had even

invited the applicant to her house. It is further submitted that due to

family opposition and caste differences, the applicant refused to marry

the prosecutrix, whereafter she threatened to falsely implicate him in a

criminal case. Learned counsel submits that the applicant never

committed any sexual assault or established any physical relationship

with the prosecutrix and that no incriminating article or evidence has

been recovered or seized from him. It is also submitted that the

applicant is a permanent resident of the address mentioned in the

cause title, there is no likelihood of his absconding or tampering with

the prosecution witnesses, and he is ready and willing to abide by any

terms and conditions that may be imposed by this Hon'ble Court.

4. On the other hand, learned State Counsel appearing for the non-

applicant/State opposes the submissions made on behalf of the

applicant and submits that the applicant, on the pretext of marriage,

established physical relations with the victim, therefore, he is not

entitled to be granted anticipatory bail.

5. I have heard learned counsel for the parties and perused the case

diary.

6. Considering the facts and circumstances of the case, the nature of the

allegations levelled against the applicant, and the material available

on record, including the statement of the prosecutrix recorded under

Section 183 of the B.N.S., it appears that the victim, being a major,

was acquainted with the applicant and that both were in a consensual

relationship during which physical relations were established.

Thereafter, as the relationship could not materialize into marriage, the

present FIR came to be lodged by the victim on the allegation that the

applicant refused to marry her. Therefore, without expressing any

opinion on the merits of the case, I am inclined to grant 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 - Sunil Kumar Dhiwar, on

executing a personal bond and 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 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 from disclosing such fact to the Court.

(b) he shall not act in any manner which will be prejudicial to fair and expeditious trial.

(c) he shall 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 surety shall submit a copy of his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court.