1 2025:CGHC:17892 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 543 of 2025 Neha Jaatwaar W/o Suryakant Jaatwaar Aged About 31 Years At Near Adarsh Nagar Vidyalay Adarsh Nagar Mowa P/s Pandri District - Raipur (C.G.) Presently At Village Tundri Opp. Ambedkar Murti District - Sarangarh Bilaigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer P/s Tikrapara Raipur (C.G.) ... Respondent For applicant : Shri Lukesh Kumar Mishra, Advocate. For Respondent/State : Ms. Monika Thakur, 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.04.23 16:23:07 +0530 2 is apprehending her arrest in connection with Crime No.866/24 registered at Police Station – Tikrapara, Raipur, (C.G.) for the offences punishable under Sections 79, 351(2) of the BNS r/w 67A of the IT Act (as per FIR). 3. Case of the prosecution, in brief, is that the complainant lodged a written complaint on 11.11.2024 before the concerned p/s stating that between 19.07.2024 and 22.07.2024, the owner of mobile number 9399335898 and 9754813903 had made her forged Instagram ID and had also made obscene comment against her. Based upon such allegations, an FIR bearing crime no. 866/24 u/s 79, 351(2) of the BNS r/w 67A of the IT Act was registered against the owner of the above- mentioned mobile numbers. 4. Learned counsel for the applicant submits that the applicant is innocent and she has been falsely implicated in this case. He would submit that the matter is of matrimonial disputes in pursuance of which the applicant has been implicated falsely at the instance of her husband. He would submit that the FIR was registered against the owners of the mobile numbers mentioned in the FIR whereas the applicant is neither the owner nor the user of any of the said numbers. He would submit that one of the numbers is used by her husband's niece Muskan. He would submit that in collusion somehow, the husband has gotten his niece's statement recorded by the investigating agency in which she has stated that applicant is the user of the mobile number registered in her name. It is humbly submitted that the husband with help of his niece has falsely implicated the applicant and the investigation and trial 3 against her is likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 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, nature of allegations levelled against the present applicant, also considering the fact that the applicant is a lady and investigation and trial is likely to take some time, 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 – Neha Jaatwaar, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she 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 her 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 her by the said Court till 4 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) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri