1 2025:CGHC:35813 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1101 of 2025 • Narendra Chandra S/o Shyam Lal Chandra Aged About 24 Years R/o Village -Khairakala P.S. And Tehasil- Dabhara- Distt- Sakti (C.G.) ... Applicant versus • State Of Chhattisgarh Through Sho, P.S. Dabhara Distt- Sakti (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Ishwar Jaiswal, Advocate For Respondent/State : Ms. Soumya Sharma, Panel Lawyer For Objector Mr. Ravi Pal Maheshwari, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 213/2025 registered at Police Station – Dabhara, District – Sakti (C.G.) for the offence punishable under Section 64(2)(f) and 85 of BNS. 2. The prosecution story, in brief, is that on 02.07.2025, the complainant/prosecutrix lodged a report with P.S. Dabhara that her marriage was solemnized on 06.04.2025 with the co-accused, who happens to be brother of the applicant, at Village Khairkala, P.S & Tehsil Dabhara, Dist. Sakti (C.G) and after the marriage, the applicant and the co-accused, started demanding 15 lacs to 1 Crore VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.28 18:25:09 +0530 2 as a dowry and tortured her physically and mentally and it was further alleged that on 15.04.2025, the applicant committed rape upon the prosecutrix, thereby offences have been committed by the applicant and the other co-accused person. As per the said report, an FIR has been registered vide No. 213/25 and investigation is going on. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the co-accused, who is the brother of the present applicant was having love affair with the prosecutrix, even before performing the marriage at Arya Samaj Mandir, Raipur, the allegation of rape has been levelled against the applicant by the prosecutrix, who is her brother-in-law. Her medical report goes to show that she was examined after three months of the incident. The applicant is already married person and she just to spoil his family peace had lodged the FIR against the applicant. He also submits that there was no any dowry demand by the applicant or co-accused or from any member of their family. The applicant being the Jeth of the complainant and because of the matrimonial dispute with her husband, the applicant has been made an accused by making the allegation of rape. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the bail application and submits that the statement recorded under section 183 of BNSS of the prosecutrix, in which she has stated that her marriage was solemnized on 06.04.2025 and on the very next night applicant was physically abused her for demand of Rs.15 lakhs and her brother-in-law was also raped upon her, 3 therefore, looking to the conduct of the present applicant, he is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and from the perusal of the case diary it transpires that she already performed love marriage on 12.02.2025 at Arya Samaj Mandir, Raipur, thereafter, the arrange marriage of the victim was solemnized on 06.04.2025 by Hindu Rites and Rituals in presence of their family members, she is a major lady and the allegation of rape has been levelled against the applicant by the prosecutrix, who is her brother-in-law. Her medical report goes to show that she was examined after three months of the incident. The applicant is already married person and she in order to spoil his family peace lodged the FIR against the applicant by making a allegation of rape because she is having matrimonial dispute with her husband, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Narendra Chandra on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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. 4 (b) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali