1 2025:CGHC:17895 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 540 of 2025 Amitesh Singh S/o Late Basant Singh Aged About 26 Years (Wrongly Mentioned As 55 Years) R/o JP Vihar Colony, Mangla, PS Civil Lines, Bilaspur, District Bilaspur, Chhattisgarh. ....Applicant versus State Of Chhattisgarh Through Station House Officer Police Station City Kotwali Mungeli, District Mungeli, Chhattisgarh. ... Respondent For applicant : Shri Varun Sharma, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21/04/2025 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 Crime No.103/2025 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.23 16:27:12 +0530 2 registered at Police Station – City Kotwali, Mungeli (C.G.) for the offences punishable under Sections 85, 86, 3(5) of Bhartiya Nyaya Samhita, 2023 (Old 498-A, 34 IPC). 3. Case of the prosecution, in brief, is that the marriage between the parties was solemnized on 11/07/2024 in Bilaspur and the wife/complainant being in government service in Mungeli started insisting the applicant to leave his widow mother in Bilaspur and live with him in Mungeli. The applicant refused to leave his mother. The complainant/wife within one month of marriage left the matrimonial house and lodged complaint before the City Kotwali Mungeli on 11/09/2024. 4. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant got married on 11/07/2024 and without giving sufficient chance to the marriage the wife has left the matrimonial house alleging that the applicant is medically unfit and is less educated. He would submit that the applicant tried to convince the wife during the counseling proceedings of 10/11/2024 but the wife did not accept any reasoning and pressurized the police for lodging the FIR and has alleged that the applicant is medically unfit. He would submit that the applicant is the only member of the family who is taking care of his widow mother. The applicant therefore could not agree to the insistence of the wife/complainant to live separately in Mungeli. Therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and also considering the fact that it is a matrimonial dispute between the parties, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Amitesh Singh, on executing a personal bond and one surety 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 and the surety shall submit a copy of his adhaar card along with a coloured postcard full size photo 4 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) Chief Justice gouri