1 2025:CGHC:39268 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1020 of 2025 1 - Ravindra S/o Bhagwat Jaiswal Aged About 28 Years R/o Village Chhapora, Tahsil And Police Station Malkharouda, Up Tahsil And Chowki, Chhapora, District Sakti (C.G.) 2 - Bhagwat Jaiswal S/o Reshamlal Jaiswal Aged About 54 Years R/o Village Chhapora, Tahsil And Police Station Malkharouda, Up Tahsil And Chowki, Chhapora, District Sakti (C.G.) 3 - Mahendra Kumar S/o Bhagwat Prasad Jaiswal Aged About 22 Years R/o Village Chhapora, Tahsil And Police Station Malkharouda, Up Tahsil And Chowki, Chhapora, District Sakti (C.G.) 4 - Kirtan Prasad S/o Ramayan Jaiswal Aged About 53 Years R/o Village Chhapora, Tahsil And Police Station Malkharouda, Up Tahsil And Chowki Chhapora, District Sakti, (C.G.) 5 - Smt. Janki W/o Bhagwat Jaiswal Aged About 50 Years R/o Village Chhapora, Tahsil And Police Station Malkharouda, Up Tahsil And Chowki, Chhapora, District Sakti (C.G.) ...Applicants versus State Of Chhattisgarh Through The District Magistrate Sakti, District Sakti (C.G.) ...Non-applicant For Applicant : Mr. Ishwar Jaiswal, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Objector : Mr. Shashwat Mishra, Advocate. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.08.2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.07 12:11:01 +0530 2 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, they are apprehending their arrest in connection with Crime No. 126/2025 registered at Police Station – Malkharouda, Chowki Chhapora District - Sakti (C.G.) for the offences punishable under Section 323/34, 498-A, 354, 377 of the IPC. 2. As per prosecution story in brief is that, the complainant who is the wife of applicant No.1 applicant No.2 & 5 are father-in-law and mother-in-law and the applicant No.3 is brother-in-law and the applicant No.4 is in-law of the complainant. That, as per the written complaint dated 21-05-2025, the present applicants have tortured the complainant from 10-06-2022 as the marriage of the complainant and applicant No.1 solemnized on 03-05-2022 as per Hindu Rites and Rituals and thereafter the applicants started demanding motorcycle and Rs.50000/-as a dowry. The further allegations is that the father-in-law and brother-in-law of the complainant are trying to outrage the modesty of the complainant and the applicant No.1 committed unnatural sex with the complainant and the applicants also trying to give poison to cause death of complainant and therefore the applicants are committed the said offence and therefore on the basis of written complaint, the FIR has been registered against the applicants. 3. The applicants are innocent and have been falsely implicated in the present case, having neither committed nor participated in any offence alleged. The prosecution's evidence is not prima facie sufficient to 3 establish their guilt. Notably, the complainant had earlier returned to her matrimonial home following a written complaint on 17-10-2023, and both parties were residing together peacefully until a sudden second complaint was lodged on 21-05-2025, apparently due to her demand to live separately from the joint family, which the applicant- husband opposed. Allegations against the in-laws, including those of outraging modesty and unnatural sex, are false, concocted, and unsupported by medical evidence, with some sections added only after FIR registration. The in-laws, being over 50 years of age and unrelated to the core matrimonial dispute, are being unnecessarily dragged into litigation. No counseling preceded the registration of the second FIR, which was irregularly transferred between police stations. The applicants are law-abiding, permanent residents with property at the given address, ready to furnish sureties and comply with any conditions imposed, and their arrest would cause irreparable harm to the family, therefore, he prays for grant of anticipatory bail to the present applicants. 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 applicants. 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 14.07.2025, wherein the matter was referred for mediation, which took place on 29.07.2025. Although both parties appeared, the mediation ultimately 4 failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Ravindra, Bhagwat Jaiswal, Mahendra Kumar, Kirtan Prasad & Smt. Janki 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) 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 them 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 them by the said Court till disposal of the trial. (d) the applicants and the sureties shall submit a copy of their 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaibhav