1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 893 of 2025 1 - Ram Dhirendra Sharma So. Late Shri R.N. Sharma Aged About 75 Years R/o. House No. 9, Adinath Vatika, Amlidih, Raipur, Tehsil And District - Raipur (C.G.) ... Applicant versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station New Rajendra Nagar, Raipur, District - Raipur (C.G.) ... Respondent For Applicant : Mr. Amrito Das, Advocate For Respondent/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.06.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 92/2025 registered at Police Station – New Rajendra Nagar, District – Raipur (C.G.) for the offence punishable under Sections 323 and 376 of IPC. 2. The prosecution story, in brief, is that the complainant preferred a written complaint on 17.05.2025 before the Police Station that at around 11:45 PM in the midnight of 12.08.2023 and 13.08.2023 the accused- father-in-law being in the state of intoxication raped the complainant and further that she was physically assaulted by him on 14.08.2023. 3. It has been argued by the learned counsel for the applicant that 2 the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant that there a matrimonial dispute is going on between the applicant’s son and her daughter-in-law (complainant herein) and after one year from the incident, which is said to have taken place on 12.08.2023 and the FIR has been lodged (i.e. on 17.05.2025) falsely narrating the incident of rape and there is no medical evidence available on record to corroborate the same. It has further brought to the notice of this Court that the son of the applicant has also lodged an FIR against the complainant being Crime No.316 of 2024 (Annexure-A/11) and, the said FIR has been challenged by the complainant before this Court in CRMP- 1557-2025, in which an interim order has also been passed on 07.05.2025. Therefore, he prays for grant of anticipatory bail to the applicant. 4. Learned counsel for the State would oppose the bail application of the applicant and submits that looking to the conduct of the applicant, he is not entitled 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 and specially looking to the fact that a matrimonial dispute is going on between the applicant’s son and her daughter-in-law (complainant herein) and the son of the applicant has also lodged an FIR against the complainant being Crime No.316 of 2024 (Annexure-A/11) and, the said FIR has been challenged by 3 the complainant before this Court in CRMP-1557-2025, in which an interim order has also been passed on 07.05.2025 and the presnet FIR has been lodged on 17.05.2025 i.e. after a delay of one year from the incident, which is said to have taken place on 12.08.2023, narrating the incident of rape and there is no medical evidence available on record to corroborate the same. Therefore, without further commenting anything on merits, 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 – Ram Dhirendra Sharma, 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. (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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali