1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 730 of 2025 1 - Shyam Soni S/o Shiv Kumar Soni. Aged About 28 Years R/o Dewangan Mohalla, Village - Ganiyari, Tahsil - Takhatpur, P.S. - Kota Dist. - Bilaspur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer P.S. - Basna, Dist. - Mahasamund (C.G.) ... Respondent( For Applicant : Mr. Akhtar Hussain, Advocate For Respondent/State : Mr. Sakib Ahmed, Panel Lawyer For Objector Mr. Kashish Saluja, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 23/06/2025 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.155/2025 registered at Police Station – Basna, District-Mahasamund (C.G.) for the offences punishable under Sections – 74, 115(2), 296, 351(3), 3(5) of BNS. 2. The case of prosecution is that, on 16/4/2025 the complainant namely Archi Soni has made a typed complaint before the police station- Basna, District- Mahasamund (C.G.), alleging that her VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.25 11:00:25 +0530 2 marriage was Shyam Soni On-12.12.2024 solemnized with at Basna, District Mahasamund (C.G.) and after some time she has been tortured by the applicant and in-laws. her husband is doctor by profession, and on 13.2.2025 when her husband (present applicant) was on night duty on that fateful night (about 10:00 PM) the present applicant has forcefully entered inside of her room and tried to outrage her modesty. The incident was narrated by the complainant to her in-laws but instead of taking any action against accused/applicant (Sachin), in-laws have called the Shyam Soni (husband of the complainant) and coming of her husband the incident was again narrated by her, but all the accused persons intentionally threatened the complainant and the accused Sachin also gave her threatening to do viral her photos/videos in social media., thereby all the accused persons have committed the aforesaid crime. 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 entire allegation is totally beaseless even from the perusal of the FIR it reveals that just to humiliate and roped the present applicant in a false case. He further submits that issue relating to husband and wife with regard to access use of mobile phone by the complainant. He further submits that vide order dated 13.05.2025, parties are directed to remain present before the Mediation Center on 23.05.2025 for their compromise and also directed the applicant to deposit 3 Rs. 1,00,000/- with the Mediation Center of the High Court within 10 days but as a result “Mediation failed, Closed”. 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 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, Closed” and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Shyam Soni, 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) he 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. 4 (b) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 having printed the adhaar number on it, which shall be verified by the trial Court. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali