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2025 DAILYLAW 24267 (CHH)

SMT. VINDHYACHAL SONI v. STATE OF CHHATTISGARH

MCRCA/782/2025 · 2025-05-28

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Judgment text

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1 2025:CGHC:22435 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 782 of 2025 1 - Smt. Vindhyachal Soni W/o Vinod Soni Aged About 60 Years R/o Mahatma Gandhi Road, Infront Of Boys School, Police Station - City Kotwali, Balodabazar, District Balodabazar-Bhatapara, Chhattisgarh ... Applicant(s) versus 1 - State of Chhattisgarh Through - Police Station - Mahila Thana Ambikapur, District - Surguja, Chhattisgarh ... Non-applicant(s) For Applicant(s) : Mr. Varunendra Mishra, Advocate. For Non-applicant(s) : Mr. Jitendra Shrivastava, Govt. Advocate. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 29/05/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 06/2025 registered at Police Station Mahila Police Station - Ambikapur, District- Surguja (C.G.) for the 2 offence punishable under Sections 296, 351(3) and 85 of Bhartiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, in brief, is that the complainant i.e. wife (Punam Sahu) has alleged she has married to applicant's son i.e. Vinit Soni on 28.11.2023 at Balodabazar, and thereafter started residing at matrimonial home, after some month the applicant husband has started quarreling for dowry, and finally has returned her at her maternal home at Ambikapur. She also alleged that she has been subjected to cruelty. Therefore, on complaint the police have registered offence against the present applicant who is mother-in-law of the complainant, for commission of offence under Section 296, 351(3) and 85 of BNS. 3. Learned counsel for the applicant would submit that the applicant is old lady aged about 60 years, suffering from old age ailments and she is innocent and she has been falsely implicated in the present offence. Due to some misunderstanding between the husband and wife their relation becomes worse, and due to heat of passion the complainant/wife has roped the applicant also in the instant case. Hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed 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, submissions of learned counsel for the parties, material available in case diary, nature of dispute, which is totally matrimonial in nature and further considering the age of applicant i.e. 60 years, who is mother-in- law of the complainant, this Court find it appropriate 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 - Smt. Vindhyachal Soni, on executing a personal bond with 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 disposal of the trial. (d) The applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 Alok ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.05.30 12:00:36 +0530