ORDER

This is the first application filed by the applicant- "S" under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking direction to release him on anticipatory bail in connection with Crime No.191/2026 registered at Police Station Najhiri, District Ujjain for the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023.

2. As per the prosecution case, the prosecutrix approached the applicant/accused, who is an Advocate by profession practising before the District Court, Ujjain, in connection with legal consultation. It is alleged that the applicant proposed marriage to the prosecutrix, representing that he liked her and was desirous of marrying her. He also represented himself to be unmarried. Initially, the prosecutrix did not accept the proposal; however, on the continuous insistence of the applicant and considering her future, she agreed to the proposal of marriage. On 07.09.2025, the applicant invited the prosecutrix for a date and took her to a hotel situated on Dewas Road, where a room was booked in his name. It is alleged that the applicant insisted upon establishing a physical relationship with her. When the prosecutrix resisted, the applicant assured her that he would marry her and thereafter established physical relations with her. It is further alleged that the physical relationship was repeated on subsequent occasions. When the prosecutrix insisted upon marriage, the applicant allegedly stated that his mother was not keeping good health and assured her that he would marry her after her health improved. Prior to lodging of the FIR, the prosecutrix again insisted upon marriage; however, the applicant/accused refused to marry her. Thereafter, the prosecutrix came to know that the applicant was already married and had a one-year-old child. Consequently, she lodged the present case against the applicant.

3. The applicant initially approached the learned Sessions Court, Ujjain, seeking anticipatory bail. However, by order dated 25.06.2026, the learned Sessions Court rejected the application.

4. Thereafter, the applicant has approached this Court seeking anticipatory bail on the ground that on 07.06.2026 a complaint was filed by the prosecutrix and she never stated to police that she was acquainted with or knew the applicant in any manner whatsoever. The absence of such a fundamental averment assumes significance and creates serious doubt regarding the prosecution's version and the implication of the applicant. Prosecutrix is threatening and demanding money. Trial shall take a considerable amount of time for its final decision. The applicant is permanent resident of District Ujjain (M.P.) and there is no possibility of him to flee from the court of law.

5. Learned counsel for the applicant, while supporting the prayer for bail, submits that the applicant has been falsely implicated in the present case. It is submitted that Crime No.390/2024 was registered at Police Station Nanakheda, District Ujjain, at the instance of the complainant, wherein the prosecutrix did not disclose the alleged relationship with the applicant. It is further submitted that the proceedings dated 07.06.2026 before the Sub- Divisional Magistrate, Ujjain also indicate the circumstances in which the subsequent allegations came to be made against the applicant.

6. Learned counsel appearing for the victim has opposed the prayer for anticipatory bail and submits that the previous failure of the relationship between the parties cannot be a ground to condone the alleged acts of the applicant. It is further submitted that the FI