1 2025:CGHC:17443 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 376 of 2025 1. Ashraf Ali S/o Saiyyad Hasan Ali Aged About 42 Years R/o House No. 178 Near Government Hospital, Sardar Patel Ward, Kurud, Police Station Kurud, Tahsil Kurud, District Dhamtari, Chhattisgarh. ... Applicant(s) versus 1. State Of Chhattisgarh Through Station House Officer, Police Station Kurud, District Dhamtari, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Syed Imtiaz Ali/Suresh Tandan, Advocate For Non-Applicant(s) : Mr. Hariom Rai, Panel Lawyer For Objector : Mr. Shivendu Pandya, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2. 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 MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.04.21 15:12:19 +0530 2 Crime No. 60/2025 registered at Police Station - Kurud, District Dhamtari (C.G.) for the offence punishable under Sections 85 of the B.N.S. and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 3. The prosecution case, in brief, is that the complainant Arifa Khatoon filed an application on 24.02.2025 before the Police Station City Kotwali, Dhamtari (C.G.) stating that the marriage of the applicant and the complainant was solemnized in the year 2004 out of the said wedlock 3 daughters were born. On 25.01.2025 her father-in-law and mother-in-law instigated the applicant to give divorce and the applicant pronounces 3 Talak on her. It is further alleged that on 06.02.2025, the applicant came with the younger sister of the complainant and said now they are married. The complainant told this to her parents on 16.02.2025, thereafter, complainant’s family called the meeting of local Muslim community, in the meeting the applicant also pronounced 3 time Talak to the complainant and drove her out of his house. Thereafter, on 25.02.2025, the zero F.I.R. was registered against the applicant and other co-accused i.e. father and mother of the applicant for an offence under Section 85 of BNS and Section 4 of the Muslim Women (Protection of Rights on marriage) Act, 2019. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that this matter was previously listed before this Hon’ble 3 Court on 19.03.2025, and was referred for mediation, which goes to show that the both parties have appeared before the Medication Center and have not agreed to compromise, the applicant also deposited the amount of Rs. 50,000/- (Rs. Fifty Thousand) before the Mediation Center as directed by this Court and prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case and further the fact that this matter was previously listed before this Court on 19.03.2025 and the same was referred to the Mediation Center of this Court, which took place on 03.04.2025, both the parties have appeared before the Mediation Center to contest the Mediation proceedings and the applicant has already been deposited the amount of Rs. 50,000/- (Rs. Fifty Thousand) before the Mediation Center, but due disagreement between the parties to compromise, the Mediation failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Ashraf Ali, on executing a personal bond and one surety in the like sum to the 4 satisfaction of the arresting OfÏcer, 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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Manish