1 2025:CGHC:25953 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 697 of 2025 1 - Shiva Kumar S/o. Ashok Kumar Gupta Aged About 33 Years R/o. E.W.S. 521, Housing Board, Bhilai, Dist. Durg (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Sho Mahila Thana, Sector - 6, Bhilai (As Per Fir), Dist. Durg (C.G.) ... Respondent For Applicant : Mr. B.P. Singh, Advocate For Respondent : Ms. Shubha Shriwastava, Panel Lawyer For Objector Mr. Hemant Kumar Agrawal, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 19/06/2025 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.22/2025 registered at Police Station – Mahila Thana, Sector-6, Bhilai District-Durg (C.G.) for the offences punishable under Sections – 85, 3(5) of BNS. 2. As per case of the prosecution, the complainant Neetu Gupta lodged a written complaint against the applicant as well as the parents of the applicant that the Marriage of the Complainant VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.20 15:22:33 +0530 2 and the applicant was solemnized on 11/03/2024 as per the Social Rituals and customs, and after the marriage she went to her in laws house and after that the applicant and his parents started harassing physically and mentally to the complainant in the name of dowry, and on the second day in the name of First Holi they sent the complainant to her paternal house and when she was living in her parental house the applicant and his parents started taunting the complainant that you have not given laptop and given bad quality items and you cannot conceive a child you are suffering from different disease and also demanded money and after that thinking that everything will be fine the family of complainant provided everything and the applicant took back the complainant to his house and when she used to live in her in laws house the family member did not allowed her to talk to any neighbor and also threatened her not to go to her parental house and after that brother and father of the complainant went to her in laws house and also talked about the issue even then they tortured and harassed the complainant so she returned to her parental house on 19/01/2025 and living thereof and the said crime has been committed. 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 complainant was sick and was not feeling well then the applicant took her to hospital and found out that the complainant is sick since long back and her 3 treatment is going on since last 4 years and asked her parents for giving prior medical records and prescription then the brother of the complainant sent her medical documents on whatsapp and the applicant for the very first time found that the complainant was suffering from Severe deficiency of anemia, platelets and Endometriosis and Pelvic inflammatory disease since last 4 years and the applicant and his family did not know this fact and the family of the complainant suppressed this fact from the applicant and his family and by lying married their daughter to the applicant. He also submits that other co- accused were granted bail by the learned Court below. He further submits that vide order dated 09.05.2025, parties are directed to remain present before the Mediation Center on 28.05.2025 for their compromise and also directed the applicant to deposit Rs. 1,00,000/- with the Mediation Center of the High Court within 10 days but as a result Mediation failed. He also submits that 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 and learned counsel for the Objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, gravity of offence, also considering the fact that the applicant is the 4 husband of the complainant and co-accused has already granted anticipatory bail by the court below, further considering the fact that when this Court referred the case of the applicant and the complainant to the Mediation Centre for amicably resolving their dispute, but as a result Mediation failed, therefore, 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 – Shiva Kumar 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 their 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali