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2025 DAILYLAW 21510 (CHH)

VIVEKANAND SONWANI v. STATE OF CHHATTISGARH

MCRCA/666/2025 · 2025-05-06

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Judgment text

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1 2025:CGHC:21088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 666 of 2025 1 - Vivekanand Sonwani S/o Ramnaresh Sonwani Aged About 28 Years Occupation - Labour, R/o Village Dahejwar, Tahsil And P.S. Balrampur District Balrampur-Ramanujganj Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through The Police Station Sitapur, District Surguja, Chhattisgarh ... Non-applicant For Applicant : Mr. Sanjeet Verma, Advocate For State : Mr. Bharat Gulbani, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/05/2025 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.136/2025 registered at Police Station – Sitapur District-Surguja (C.G.) for the offences punishable under Sections 115(2), 296, 3(5), 331(6), 351(2), 85 of BNSS 2023. 2. prosecution story is that the Complainant Priyanka Baghel is the wife of present applicant & the marriage is solemnized in the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.09 11:00:06 +0530 2 year 2017 as well as out of their wedlock one boy child is born at present he is 5 years old it is further alleged by the complainant that after marriage her husband i.e. present applicant father in law, mother in law & sister in law used to demand dowry from her as well as harassing & assaulting for the purpose of dowry & on dtated 07.04.2025 at midnight at about lam 2am the present applicant came to the house of his father in law from the roof of house & assaulted to the complainant as well as her father against which FIR is lodged. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the marriage has taken place between the complainant and present applicant in the year 2017 whereas the allegation of dowry has been made in the year 2025 after more than 7 years is passed. He also submits that the complainant has never lodged any complaint as FIR for demand of dowry except his and it is only to harass applicant and his family members, investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that co-accused has already been enlarged on bail by the trial Court and the marriage has taken place between the complainant and present applicant in the year 2017 whereas the allegation of dowry has been made in the year 2025 after more than 7 years is passed. investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Vivekanand Sonwani 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 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 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 4 photo 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 vaishali