1 2025:CGHC:33475 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1036 of 2025 Damini Soni D/o Ashok Kumar Soni Aged About 30 Years R/o Vrinda Nagar, Behind Government School, Camp-1, P.S. Vaishali Nagar, Bhilai, Tahsil And District Durg Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Nandini Nagar, District Durg Chhattisgarh ... Non-applicant For Applicant : Mr. D.K. Vishwakarma, Advocate. For Non-applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16.07.2025 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.145/2025, registered at Police Station – Nandini Nagar District - Durg (C.G.) for the offence punishable under Sections under Section 308(2) & 3(5) of the BNS 2023. 2. As per prosecution case complainant has made complaint to the concerned police station alleging inter-alia is that the applicant was well knows about the complainant and there was speaking in between both parties and in the years 2013-14 the applicant has got marriage at VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.17 11:04:14 +0530 2 Kanker since then the complainant was stopped speak with the applicant and after that in the year 2021 there is live in relationship in between both of them and was done video recording about the incident and on 30.08.2022 at about 11.00 O'clock the applicant was calling to the complainant to meet and also threatening and using filthy language and also the applicant was pressured upon him to meet her and also the applicant and other accused her brother-in-law (Jeeja) Chintu @ Mohd. Aslam have demanded amount of Rs. 2,00,000/- from the complainant by threatening to video viral. Based upon such complaint, the police has arrested the present applicant on the basis of memorandum of the statement, which has been registered against the applicant for the offence u/s 308 (2), 3(5) of the Bharatiya Nyay Sanhita 2023. 3. The learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. he submits that the applicant the incident took place during from 30.08.2022 to 07.09.2024 and the case is registered on 27.06.2025, looking to the facts, there is delayed FIR by the complainant in this case, which is very long delay in this case and she was not involved in any kind of crime. He further submits that before lodging the present FIR the complainant was also registered FIR in the concerned police station Nandini Nagar District Durg for offence under Section 333, 296 11(2), 351(2) & 3(5) of BNS against the same person applicant and another accused person in which the applicant has granted anticipatory bail by the learned court below vide order dated 03.10.2024. He further submits that the prosecution has not collected the sufficient material against the present applicant regarding loot of the said article.. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, without expressing any opinion on the merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Damini Soni, 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) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she 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) she shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav