1 2025:CGHC:43980 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1220 of 2025 • Niraj Kumar Singh S/o Kumar Singh Aged About 44 Years R/o 18/g, Lc Steel Nagar, Camp-1 Prem Nagar, Supela, Bhilai, District : Durg, Chhattisgarh ... Applicant versus • State of Chhattisgarh Through Station House Officer, Police Station Jamul, District : Durg, Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Kishore Narayan, Advocate For Respondent/State : Mr. Swajeet Singh Ubweja, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/08/2025 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.543/2025 registered at Police Station – Jamul, District-Durg (C.G.) for the offences punishable under Sections – 377, 498-A, 294, 323, 506, 34 of IPC. 2. The case of prosecution is that, as per bail rejection order is that on the date of incident i.e., 01.03.2023 at about 8:00 P.M, the applicant committed unnatural sex with the complainant who is his wife. It is also alleged that the applicant used to consume liquor and used to VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.30 15:22:44 +0530 2 abuse and assaulted her. It is further alleged that the applicant entered into physical relationship with his wife without her consent. It is further alleged that in the above mentioned act the mother and brother of the applicant also helped him. It is also alleged that the applicant told his wife to served liquor to his friends in the house. On the written complainant, FIR has been registered against the present applicant. 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 issue relating to husband and wife with regard to consuming liquor. He further submits that vide order dated 12.08.2025, parties are directed to remain present before the Mediation Center on 20.08.2025 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. 4. On the other hand, learned State counsel 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 3 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 – Niraj Kumar Singh, 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 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/- (Ramesh Sinha) CHIEF JUSTICE vaishali