Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:22171
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 760 of 2025 Keshav Khare S/o Late Amrit Lal Khare Aged About 31 Years R/o Vivekanand Nagar Mopka Chowki Mopka P.S. Sarkanda Tahsil And District - Bilaspur (C.G.)
... Applicant versus State of Chhattisgarh, Through SHO Police Station Mahila Thana Bilaspur District - Bilaspur (C.G.)
... Non-applicant For Applicant :Mr. Dheerendra Pandey, Advocate. For Non-applicant/State :Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order On Board 20.05.2025
1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending his arrest in connection with Crime No.20/2025, registered at Police Station – Mahila Thana Bilaspur District - Bilaspur (C.G.), for the offence punishable under Sections 85, 296, 115(2), 3(5) of the Bharatiya Nyaya Sanhita,
2023.
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2. Case of the prosecution in brief are that on 25.02.2025 complainant Anika Patle (wife of the applicant) has made a complaint in the concerned Police Station stating that her husband and in-laws used to harass and abuse her in filthy language on account of dowry. Based upon report, FIR was registered against the applicant and his family members.
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Learned counsel for the applicant submits that applicant has been falsely implicated in this case, he has not committed any offence as alleged against him. There is no evidence/material available to show that applicant has demanded the dowry from his wife at any point of time. Complainant/wife without any reason herself left her matrimonial house and, thereafter, lodged the false complaint against the applicant. The prosecution before registration of FIR against the applicant has not been held any counseling. The applicant earlier filed the petition before this Court which was registered as CRMP No.1132 of 2025 and on 01.04.2025 this Court had directed to the applicant to deposit 50,000/- before the mediation Centre of this Court and stayed the arrest of the applicant and his family members (co-accused). In compliance of the said order, applicant has deposited Rs.50,000/- before the Mediation Centre. Said petition was allowed on 30.04.2025 and FIR with regard to the family members of the present applicant has been quashed, however, prosecution against the applicant
3 was directed to continue. Hence, it is prayed that applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant and submits there is specific allegation against the applicant of committing the alleged offence/crime, hence, he is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties. 6. Considering facts of the case, nature of offence, submissions of counsel for the parties, particularly the fact that in compliance of the order of this Court dated 01.04.2025, applicant has deposited Rs.50,000/- before the Mediation Centre, however, mediation could not be taken place as the parties were not agreed to settled their dispute amicably, FIR with regard to the family members of the present applicant was quashed by this Court vide order dated 30.04.2025 whereas the prosecution against the applicant was allowed to continue, without commenting anything on merits of the case, 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 -Keshav Khare in connection with the crime in question, he shall be released on bail by the Officer arresting him on executing a personal bond with one surety in the like sum to the satisfaction of the concerned
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The applicant shall also abide by 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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice J.