1 2025:CGHC:41247 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1035 of 2025 • Sharad Nigam S/o Kamlesh Nigam, Aged About 29 Years R/o Amrit Nagar, Santoshi Chowk, Kushalpur, Raipur, Tehsil And District- Raipur, C.G. ... Applicant versus • State Of Chhattisgarh Through Police Station- Basantpur, Raipur, District- Rajnandgaon, C.G. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Shobhit Koshta, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer For Objector Mr. Ashish Gangwani, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 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.269/2025 registered at Police Station – Basantpur, District-Rajanandgaon (C.G.) for the offences punishable under Sections – 498-A, 34 of IPC. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.18 10:21:37 +0530 2 2. The case of prosecution is that, the complainant and applicant got married on 2/5/23 and thereafter, after marriage the applicant/ husband, Mother in law Usha Nigam, Father in Law Kamlesh Nigam and brother in law Shubham Nigam started harassing the complainant/ wife for bring dowry and thereafter, on 19/6/24 again the accused persons made the demand for dowry and since 19/6/24 she is residing with her parents in Rajnandgaon. It has also been alleged that the applicant and other co-accused persons. it has been alleged that the accused person used to bring Tantarik for performing Puja and the income earned by the complainant was kept by the accused persons and the accused persons has also not returned the Stridhan, Jewelries of the complainant. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that the entire allegation is totally baseless even from the perusal of the FIR it reveals that just to humiliate and roped the present applicant in a false case. He further submits that vide order dated 15.07.2025, parties are directed to remain present before the Mediation Center on 30.07.2025 for their compromise and also directed the applicant to deposit Rs. 1,00,000/- with the Mediation Center of the High Court within 10 days but as a result “Mediation failed, Closed”. He also submits that investigation and trial are likely to take time, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 3 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the prayer 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, gravity of offence, also considering the fact that when this Court referred the case of the applicant and the complainant to the Mediation Centre for amicably resolving their dispute, but as a result “Mediation failed, Closed” and the conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sharad Nigam, 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 4 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