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2025 DAILYLAW 30315 (CHH)

SHEIKH TASVAR v. STATE OF CHHATTISGARH

MCRCA/923/2025 · 2025-06-30

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Judgment text

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1 / 4 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 923 of 2025 1 - Sheikh Tasvar S/o Sheikh Auliya Aged About 29 Years R/o Q. No. 61, Mastanpara Ward No. 2, Thana And Tehsil Sukma District - Sukma (C.G.) 2 - Sheikh Auliya S/o Jaan Mohammed Aged About 53 Years R/o Q. No. 61, Mastanpara Ward No. 2, Thana And Tehsil Sukma District - Sukma (C.G.) 3 - Sheikh Zakir S/o Sheikh Auliya Aged About 34 Years R/o Q. No. 61, Mastanpara Ward No. 2, Thana And Tehsil Sukma District - Sukma (C.G.) 4 - Sheikh Khasim B W/o Sheikh Auliya Aged About 46 Years R/o Q. No. 61, Mastanpara Ward No. 2, Thana And Tehsil Sukma District - Sukma (C.G.) (Wrongly Mentioned As D/o Sheikh Auliya In Fir) 5 - Najma Sultana W/o Sheikh Zakir Aged About 26 Years R/o Q. No. 61, Mastanpara Ward No. 2, Thana And Tehsil Sukma District - Sukma (C.G.) (Wrongly Mentioned As D/o Sheikh Zakhira In Fir) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Civil Lines, Bilaspur District - Bilaspur (C.G.) 2 - Smt. Nagma Bano D/o Shiekh Firoz Aged About 32 Years R/o Ward No. 16, Kududand, Police Station Civil Lines District - Bilaspur Chhattisgarh (Complainant ) ...Respondents For Applicant : Mr. Aditya Pandey, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. For Respondent No.2 : Present In person Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 01.07.2025 2 / 4 1. learned counsel for the applicant submits that the present bail application of the applicant No.3 has been arrested. 2. In view of above the present bail application is dismissed as having became infructuous regarding applicant No.3. 3. The applicants have preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 0194/2025, registered at Police Station – Civil Line, District –Bilaspur (C.G.) for the alleged commission of offence punishable under Sections 3, 4 of Dowry Prohibition Act 1961. 4. That, as per the prosecution story, the On 10.07.2023, Applicant No. 2 to 5 visited the house of the Respondent to initiate formal marriage discussions. Thereafter, an engagement ceremony was held on 25.04.2024 at Hotel Ambassador, Raipur, in accordance with Islamic rites and rituals the expenses of which were born by the Applicant No. 1 and subsequently an amount of Rs. 3,00,000/-(Rupees Three Lakh) was reimbursed by the Complainant/Non-Applicant No.2 in cash to Applicant No. 1 and had also gifted gold ring, clothes along with Rs. 21,000/-in cash to the family members of the Applicants. Consequently the Applicants sought for furnitures such as sofa, office table, Almirah fridge, washing machine etc. for which the family of Complainant/Non- Applicant provided additional Rs. 5,00,000/-(Five Lakh Rupees) in cash, thereby making the total expenses born by Complainant/Non- Applicant and her family to Rs. 8,21,000/-(Eight Lakh Twenty One Thousand Rupees). Thereafter, it is the case of Prosecution that the Applicants herein sought for dowry stating that they have a market loan 3 / 4 of Rs. 30,00,000/-(Thirty Lakh Rupees) and Applicant's will proceed with the marriage proceedings only if they are provided with the dowry of said amount. The family of Complainant/Non-Applicant No.2 tried to discuss the matter with applicants stating that if such demands were to be raised then the same should have been placed earlier also, if the marriage is called of at this stage there will bring disrepute to the family of Complainant/Non-Applicant. All these have caused mental and physical agoney to the Complainant and her family therefore, she has filed the instant FIR bearing no. 0194/2025 against the present Applicant and seeking reimbursement of the expenses born by her i.e. Rs. 8,21,000/-(Eight Lakh Twenty One Thousand Rupees). 5. Learned counsel for the applicants submits that the applicant are innocent and have been falsely implicated in this case. He submits that the respondent complainant in her complaint has sought Rs 8,21,000/- and it is amusing that the entire amount are in cash which the complainant claims to have given in 3 transactions and Rs.5,00,000/- this allegation on the face of its appears to be fictitious and fabricated intended solely to harass and extort the applicants. He further submits that the allegations made in the FIR are inherently improbable. The complaint's claims of having paid substantial amount in cash without any documentary evidence, coupled with the absence of specific details, render the allegations absurd and lacking in credibility therefore, they prays for grant of anticipatory bail to the present applicant. 6. On the other hand, learned State counsel as well as complainant opposed the anticipatory bail application of the applicants. 4 / 4 7. I have heard learned counsel for the parties and perused the case diary. 8. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicants and the fact that the applicants have no previous antecedents, therefore, without further consideration on merits, I am inclined to grant anticipatory bail to the applicants. 9. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Sheikh Tasvar, Sheikh Auliya, Sheikh Khasim & Najma Sultana on each of them 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) They 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 their from disclosing such fact to the Court. (b) They shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) They 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 applicants and the surety shall submit a copy of thier 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)They shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav