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2025:CGHC:12894 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA
No.
371
of 202
5 • Varun Singh S/o Shri Ashok Singh Aged About 30 Years R/o E.W.S. 2nd House No. 325, Jaiprakash Nagar Devas Police Station Industrial Area Tahsil And District - Dewas (M.P.) Present Address House No. 52 Rajiv Nagar An- vatpura In Front Of Ambe Mata Temple Tahsil And District - Dewas (M.P.)
... Applicant versus • State of Chhattisgarh Through Police Station Mahila Thana Durg Sector - 6 Bhilai Tahsil And District - Durg (C.G.) ... Respondent For Applicant : Mr. Akash Shrivastava, Advocate For Respondent-State : Mr. Malay Jain, Panel Lawyer Hon'ble Shri
Ramesh Sinha, Chief Justice
ORDER
ON BOARD
18/03/2025
1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 2/2025 registered at Police Station – Mahila thana Durg, Sec. 6, Bhilai, District Durg (C.G.) for offence punishable under Sections 85, 3(5) of BNS, 2023 and Section 4 of Dowry Prohibition Act, 1961.
2. Case of prosecution in brief is that complainant lodged a report in the concerned police station on 08.01.2025 stating that she was married to applicant on 10.03.2024 according to Hindu rites and rituals. After marriage, parties along with family members started residing at Dewas (M.P.). It is alleged that her husband and in-laws used to harass her on the ground of PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA
2 / 3 demand of dowry and also thrown her out of the house, her husband left her at Bhilai Power Railway station and never come back to take her back and since then complainant resides at her parental house. Thereafter report was lodged against applicant and his family membes for the aforementioned offences.
3.
Learned counsel for applicant submits that applicant is innocent, he has been falsely implicated in the crime based on false and baseless allegation. It has been argued that though the marriage of applicant with the complainant who is wife of applicant was solemnized on 10.03.2024 but she was suffering from some mental ailment and the said fact was concealed by the complainant and her family. Applicant also filed a divorce before the Family Court at Dewas (M.P.) and notices were issued to the complainant and she has put her appearance in the said proceedings. Thereafter FIR was lodged against applicant and his family members. He submits that other family members of applicant have already been released on anticipatory bail on 25.01.2025 by the trial court. Hence, applicant may also be granted benefit of anticipatory bail.
4. On the other hand, learned State counsel opposes the submission made by
learned counsel for the applicant and submits that looking to the serious allegation, applicant is not entitled for grant of anticipatory bail.
5. I have heard learned counsel for the parties and perused the documents placed on record.
6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for applicant that the concealing the mental status of complainant she was married to applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case.
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7. Accordingly, the instant anticipatory bail application is allowed and it is
directed that in the event of arrest of the applicant –Varun Singh on executing a personal bond with two sureties in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) 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 from disclosing such fact to the Court. (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) 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 (d) The Applicant along with the surety shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) The Applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) pwn
Chief Justice