1 2025:CGHC:40947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1105 of 2025 Ramkumar Yadav S/o Shri Dhankaram Yadav Aged About 46 Years R/o House No. B-00782, Street B 15, Vasundra Nagar, Police Station D.D. Nagar, Tahsil And District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Mahila Police Station Durg, District- Durg, (C.G.) ... Respondent For Applicant : Shri T.K. Jha, Advocate. For Respondent/State : Shri Soumya Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 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. 38/2025 registered at Police Station – Mahila Thana, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.14 18:31:16 +0530 2 Durg (C.G.) for the offences punishable under Sections 3(5), 85, BNS. 2. According to the prosecution's case, an FIR has been registered under Crime No. 38/2025 Section 3(5) and 85 of the BNSS, based on a complaint filed by the complainant (wife) Anuja Yadav. The applicant and the complainant (his wife were married on 27.04.2022 according to Hindu rituals. As a result of their marital relationship, a son named Achintya Yadav was born on 11.10.2023. The child was born prematurely. It is alleged that the applicant attempted to terminate the pregnancy several times without the consent of his wife, which is stated to have contributed to the premature birth of the child. On 28.01.2025, the complainant expressed her desire to visit her maternal home. She left the child, Achintya Yadav, in the custody of the applicant and informed him that she would return after one day. However, she did not return for five days, which the applicant claims was with malicious intent. Subsequently, the complainant lodged a complaint at DD Nagar Police Station, alleging that the applicant wrongfully kept their son, Achintya Yadav, in his custody. 3. Learned counsel for the applicant submits that though the matter was referred to the mediation center for conciliation between the applicant and his wife but the wife of the applicant who is complainant failed to appear, hence the mediation could 3 not take place and the applicant has also deposited Rs.50,000/- towards the mediation in compliance of the Court’s order dated 28/07/2025, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel 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 though the matter was referred to the mediation center for conciliation between the applicant and his wife but the wife of the applicant who is complainant failed to appear, hence the mediation could not take place and the applicant has also deposited Rs.50,000/- towards the mediation in compliance of the Court’s order dated 28/07/2025, 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 – Ramkumar Yadav, 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 4 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 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. 8. It is further directed that amount of Rs.50,000/- deposited towards the mediation in compliance of the Court’s order dated 28/07/2025 be refunded back to the applicant, if already, not refunded to him. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri