1 2025:CGHC:29149 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 832 of 2025 Smt. Sudha Gupta W/o Rakesh Gupta Aged About 36 Years R/o Village- Karpawand, Biharipara, Police Station Karpawand, District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station Karpawand, District- Bastar (C.G.) ... Respondent For Applicant : Shri Punit Ruparel, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30/06/2025 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 her arrest in connection with GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.01 17:18:21 +0530 2 Crime No.37/2025 registered at Police Station – Karpawand, District Bastar (C.G.) for the offences punishable under Section 127 of Bhartiya Nyay Sanhita, 2023 and Section 4 & 6 of POCSO Act (As per impugned order added Section 4 & 6 of POCSO Act during investigation). 2. 2. Case of the prosecution, in brief, is that applicant is a married lady, wife of Rakesh Kumar Gupta, she is having two children the elder one is 14 years and younger one is 11 years, she is residing with her children, her husband Rakesh Kumar Gupta having illicit relationship with another lady namely Heena Nag in last 3 years, he insist that he will marry with that another lady and the applicant should manage with her, the applicant refused her husband to perform second marriage during the substance of first marriage then her husband is thrown her and children from the house prior two month, thereafter the husband of the applicant is filed a divorce suit before the Family Court, Bastar against the applicant which was dismissed in want of prosecution on 30.04.2025 because the applicant is consistently appearing to her counsel and her husband herself is not appear personally or through any representative, being frustrated with the attitude of the applicant the applicant manage the complainant who is the mother of victim and made false complaint against the applicant that when the victim aged about 15 years boy returning to his village at that time the applicant called her and restrain him 4-5 days and also mobile phone has been switch off, when the applicant is try to convey, 3 she stated what wrong has been done by her, the complainant also alleged that applicant and her son victim having love affair and mother-in-law of the applicant also given threatening that they have to kept the applicant, upon such allegation the police earlier registered the offence under Section 127 of BNS but during the course of investigation the police added the Section 4 & 6 of POCSO Act, the applicant applied for anticipatory bail application before the court below, same was rejected. Hence this bail application. 3. It has been argued by learned counsel for the applicant that the applicant has two minor children aged about 14 years and 11 years and it is stated that she is living separately from her husband because of some matrimonial dispute and it is alleged that the applicant has wrongfully confined the victim who is son of the complainant. He would submit that investigation is likely to some time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. 5. Complainant appeared through video conferencing from DLSA, Jagdalpur and objected to prayer for grant of anticipatory bail. 6. I have heard learned counsel for the parties and perused the case diary. 4 7. I have perused the statement of the victim recorded under Section 183 BNS and in that it has been stated that he was wrongfully confined but considering the facts & circumstances of the case, also the fact that applicant being a lady and investigation is likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Smt. Sudha Gupta, on executing a personal bond and 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 his adhaar card along with a coloured postcard full size photo having printed the adhaar number on it, which 5 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 gouri