1 2025:CGHC:19386 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 400 of 2025 Dr. Dharmendra Kumar Gahwai S/o Shri Ram Avtar Gahwai Aged About 46 Years R/o F- 3/201, Sector 17, Naya Raipur, P.S. Rakhi, District Raipur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through The S.H.O., Mahila Thana, Raipur, District Raipur, Chhattisgarh. ... Respondent For Applicant : Shri Amiya Bhushan, Advocate. For Respondent/State : Shri Amit Verma, PL. For complainant : Shri Akshat Agrawal, Advocate through VC. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/04/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.30 17:35:58 +0530 2 No.16/2025 registered at Police Station – Mahila Thana Raipur. District- Raipur, (C.G.) for the offence punishable under Section 85 of Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's case, complainant got married to the present applicant Dr. Dharmendra Kumar Gahwai S/o Shri Ram Avtar Gahwai R/o Bilaspur (C.G.) on 20/02/2018 as per Hindu customs and rituals. That the applicant is posted in Directorate of Health Services, Naya Raipur since 2019 and the complainant is posted in AIIMS, Raipur for the last wo years. That the complainant and applicant are living separately for more than one year. Since then, the complainant is living at her matrimonial house. That the complainant alleged that she came to know about the applicant's relationship with another woman named Divya Chandrakar who works as LDC in the applicant's ofÏce and lives it Naya Raipur. That the complainant further allege that she received a message on her mobile phone on 02/12/2024, with a picture in which it was written that the applicant has been living with the said woman Divya Chandrakar of his ofÏce for one year and both of them had a child in November 2024 and a picture of the child has also been sent. That due to the illicit relationship of the applicant with another woman the complainant made complaint before the concerned police station against the applicant. Thereafter an FIR was registered against the applicant under section 85 of the Bhartiya Nyaya Sanhita, 2023 for committing cruelty against the complainant. 3 3. 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 Court on 24/03/2025, and was referred for mediation. He submits that the applicant and complainant appeared before the Mediation Center but both the parties have not come to any amicable settlement, the mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the complainant opposed the prayer for grant of anticipatory bail of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Perused the report of Mediation Centre dated 16/04/2025 and it has been stated in the said report that both the parties have not come to any amicable settlement. Hence the mediation failed between the parties, therefore, without further commenting anything on merits, 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 – Dr. Dharmendra Kumar Gahwai, on executing a personal bond and one surety in the like sum to the 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 4 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 gouri