Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:35229
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 918 of 2025 Mahendra Kumar Sahu S/o Ishwar Prasad Sahu Aged About 31 Years R/o Village Pawni, Tahsil And District Sarangarh-Bilaigarh, Chhattisgarh ... Applicant
versus State Of Chhattisgarh Through The S.H.O. Mahila Thana Bhilai, District Durg, Chhattisgarh ... Non-applicant
For Applicant : Mr. Siddharth Pandey, Advocate For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For objector : Mr. Sudhanshu Kumar Singh, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 22.07.2025
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 his arrest in connection with Crime No. 33/2025 registered at Police Station – Mahila Thana, Bhilai, District Durg (C.G.) for the offences punishable under Sections 85 and 3(5) of the BNS. 2. As per the prosecution story, on 07.06.2025, the complainant, namely Smt. Dhatri Sahu lodged an FIR against the applicant stating that the marriage was solemnized on 22.04.2023 as per Hindu rites and rituals. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.24 14:16:00 +0530
2 At the time of marriage, the household durables and gold jewellery were given by the parents of the complainant. After the marriage, the complainant Smt. Dhatri Sahu went to Village Pawni, Bilaigarh i.e. matrimonial house where she resided in the joint family. It has been alleged by the complainant that from the third day of the marriage, the present applicant (husband) and Smt. Tikeshwari Sahu (sister-in-law/nanand) taunted her for not giving Motorcycle, Fridge, Sofa and Gold Jewelry. It has been further alleged by the complainant that the present applicant along with the co-accused Smt. Tikeshwari Sahu used to abuse and assault her. Thereafter, the father-in-law told the other family members to harass the complainant to such an extent that her life became unbearable, compelling her either to die or flee. She was subjected to physical and mental cruelty therefore on 30.06.2023 she left the matrimonial house and returned to her parental house. It is also alleged that Mahendra (husband) along with her mother-in-law and sister-in-law used to abuse and assault her daily. On being informed about the delivery of a girl child, the applicant went to see the complainant after three days and for that reason, her in-laws started taunting her again for giving birth to a girl child.
On 11.08.2024, when she went to her matrimonial home with her parents, her in-laws did not allow her to enter the house. Then she came to her parental house and lodged a written complaint against the applicant on 24.03.2025 in Mahila Thana in which counseling was held between both parties but the dispute remained unresolved. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the matter was previously listed before this Court on 26.06.2025, and
3 was referred to the Mediation Center. The applicant and the complainant appeared before the Mediation Center, and mediation was successfully completed between them, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector have opposed the prayer for grant of anticipatory bail of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, and further the fact that this matter was previously listed before this Court on 26.06.2025, and was referred for mediation, which took place on
16.07.2025. Although both parties appeared, the mediation ultimately failed, 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 – Mahendra Kumar Sahu , 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. 4 (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/- (Ramesh Sinha) CHIEF JUSTICE vaibhav