1 2025:CGHC:23917 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 549 of 2025 Shekh Junaid S/o Shekh Ibrahim Aged About 30 Years R/o Sadar Road, Balodabazar, P.S. And Tehsil Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House Officer Gaurela, District – Gaurela-Pendra-Marwahi, Chhattisgarh. ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 61/2025 registered at Police Station – Gaurela, District – Gaurela-Pendra-Marwahi (C.G.) for the offence punishable under Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, and Section 85 of the Bharatiya Nyaya Sanhita, 2023 (In short, BNS). 2. The prosecution story, in brief, is that the applicant is the husband of the complainant and they got married to each other on 14.05.2023, in RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 accordance with social customs. After the marriage, the accused Sheikh Junaid, along with his family, demanded dowry, including a motorcycle, air conditioner, and various household items, these demands were partially fulfilled by the complainant's father. Despite this, the complainant was subjected to persistent mental and physical harassment by her husband on account of alleged insufficiency of dowry, on 15.09.2024, the accused unlawfully pronounced triple talaq "Talaq-Talaq-Talaq" thereby dissolving the marriage unilaterally and expelled the complainant from her matrimonial home, thereafter, the complainant took shelter at her parental home. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that in compliance of the order dated 22.04.2025 and 08.05.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 50,000/- to the complainant/wife, but the mediation between the parties have become failed. Furthermore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that in compliance of the order dated 22.04.2025 3 and 08.05.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 50,000/- to the complainant/wife, but the mediation between the parties have become failed, but considering the fact that the dispute is of matrimonial in nature and the ad-interim bail has already been granted to the applicant, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shekh Junaid on executing a personal bond with 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 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar