1 2025:CGHC:15655 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 438 of 2025 Ashish Shah S/o Shri Ramesh Shah Aged About 33 Years (Wrongly Mentioned 30 Years In The Impugned Order), R/o Flat No. 410, Near SBI Bank, Budhiya Complex Naya Sarkanda, PS Sarkanda, Bilaspur, District Bilaspur (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Mahila Thana, Bilaspur, District Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. V.K. Pandey, Advocate For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.04.2025 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 No. 33/2024 registered at Police Station – Mahila Thana, District Bilaspur (C.G.) for the offences punishable under Sections 498A, 323, 307 and 34 of the Indian Penal Code. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.04.04 11:31:18 +0530 2 2. The prosecution's story, in brief, is that the complainant, Smt. Ankita Gupta, lodged a written report at the Mahila Thana police station in Bilaspur on 24.06.2024. She alleged that she was married to Ashish Shah on 18.02.2022, and after the marriage, the applicant, her father- in-law, and mother-in-law started torturing her, demanding a dowry of Rs. 7 lakhs. It is also alleged that Ashish Shah assaulted her multiple times while consuming liquor. According to the complainant, after giving birth to a male child named Kiyansh Shah, she visited her in- laws' house in Bhatapara for the Chhatthi program. During this visit, her father-in-law allegedly caused her injury with a steel bottle. She then returned to Bilaspur with her husband, where Ashish Shah allegedly assaulted her again with a belt and tried to force insecticide poison into her mouth. As a result, she was hospitalized for some time. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits initially, an offense punishable under Sections 498-A, 323, and 34 of the IPC was registered against the applicant. However, later on, without any cogent and reliable evidence, the prosecution added Section 307 of the IPC, which is not made out prima facie. Therefore, the Hon'ble Court may kindly consider this and grant bail to the applicant. In fact, due to a dispute between the applicant (husband) and the complainant (wife), she attempted to commit suicide by consuming poison on 24.05.2024. Thereafter, the husband, Ashish Shah, took her to the hospital for treatment. However, later on, due to instigation from her parents, a false report was lodged, concocting a false story against the applicant. He further submits that presently, the relationship between the complainant and the applicant (husband), 3 Ashish Shah, has become cordial, and they are living together in the applicant's house at Bilaspur, along with their small son. He further submits that similarly placed co-accused persons, namely the father- in-law and mother-in-law, have been released on anticipatory bail by the Hon'ble High Court. A copy of the order passed in MCRC(A) No. 232/2025 is enclosed and marked herewith as Annexure A/2 for the kind perusal of the Hon'ble Court, therefore, he prays for grant of anticipatory bail to the applicant. 4. The learned State counsel opposes the anticipatory bail application of the applicant and submits that, as per the order dated 01.04.2025, it was directed that the State counsel verify whether the complainant and the applicant are living together and whether their relationship has become cordial or not. In compliance with the said order, a letter was received from the concerned police station. However, upon perusal of the same, it does not clearly state whether the complainant is living with the applicant or not, due to the non-cooperation of the complainant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and further considering the fact that this Court has directed vide order dated 01.04.2025 to the State counsel to verify whether the complainant and the applicant are living together and whether their relationship has become cordial or not, in compliance with the said order, a letter was received from the concerned Police Station, however, upon perusal of the same, it does not clearly state whether the complainant is living 4 with the applicant or not, due to the evasive reply of the complainant, therefore, without further commenting on the 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 – Ashish Shah, 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 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 Abhishek