1 2025:CGHC:39269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1008 of 2025 Narendra Sagarvanshi S/o Nanakaram Aged About 36 Years Present Address 209, Army Aviation, C M P Gate Sewak Road, Silliguri-West Bengal Prement Address 691/1 Guru Ghasidas Ward No. 44 Kasaridih Durg, C.G. ...Applicants versus State Of Chhattisgarh Through S H O, P.S. Mahila Thana, Dist- Durg, C.G. ...Non-applicant For Applicant : Mr. Ankit Singh, Advocate. For Non-applicant/State : Mr. Jitendra Shrivastava, Govt. Advocate. For Objector : Mr. Purendra Khichariya, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.08.2025 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. 28/2025 registered at Police Station – Mahila Thana, Durg, District - Durg (C.G.) for the offences punishable under Section 85 of BNS. 2. As per the story of the prosecution the Complainant was married to the Applicant on 28.11.2021 and since marriage the Applicant started VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:02 +0530 2 demanding dowry and Rs. 50,000 and on failure to fulfill demands the Applicant harassed the Complainant. Owing to the harassment by the Applicant, the Complainant started residing separately since 04.07.2024 and had made Complaint to 28.11.2024 however since no amicable settlement was arrived at, the present FIR was lodged against the present applicant on 13.05.2025 for the commission of the offence under Section 85 of BNS against the present applicant. A copy of FIR bearing No. 28 of 2025 registered at PS Mahila Thana Durg (CG) is annexed herewith as ANNEXURE A/2. 3. The Applicant is innocent and has been falsely implicated in the present case, which pertains to an offence triable by a Magistrate of the First Class and is likely to take considerable time for trial. He is a respected member of society serving in the Indian Army, and his arrest would irreparably damage his reputation and career. The FIR stems from a matrimonial dispute, primarily due to the Applicant's refusal to reside separately from his family, which, as per the Supreme Court in Narendra v. K. Meena, does not amount to cruelty. Furthermore, the FIR lacks specific allegations of dowry demand or cruelty, and even if taken at face value, fails to disclose the commission of an offence under Section 498-A IPC. There is an unexplained delay of over five months in lodging the FIR, indicating it is an afterthought intended to harass the Applicant. He has no criminal antecedents, poses no threat to witnesses or evidence, and is willing to cooperate with the investigation, therefore, he prays for grant of anticipatory bail to the present applicant. 3 4. On the other hand, learned State counsel as well as learned counsel for the objector 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 31.07.2025, and was referred for mediation, which took place on 01.08.2025. 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 – Narendra Sagarvanshi, 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. 4 (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