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2025 DAILYLAW 40407 (CHH)

VAIBHAV PANDEY v. STATE OF CHHATTISGARH

MCRCA/1290/2025 · 2025-08-25

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1 / 5 2025:CGHC:43384 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1290 of 2025 Vaibhav Pandey S/o. Balendu Dhar Pandey, Aged About 32 Years Permanent Residence At S-29/431, B-13, Mehta Nagar Colony, Varanasi, (U.P.) 221003.) ... Applicant versus State Of Chhattisgarh Through Ps Mahila Thana, District Ambikapur (Surguja) Chhattisgarh ... Non-applicant For Applicant : Mr. Aman Sexena, Advocate. For Non-applicant/State : Ms. Smriti Srivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 26.08.2025 1. This is the second 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. 26/2024 registered at Police Station – Mahila Thana, District Ambikapur (Surguja)(C.G.) for the offences punishable under Section 498-A & 506 of the Indian Penal Code (for short IPC). 2. The earlier anticipatory bail application of the applicant was dismissed as withdrawn by this Court vide order dated 20.05.2025 in MCRCA No. 758 of 2025. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.26 18:33:41 +0530 2 / 5 3. The case of the prosecution in brief is that the Applicant and Accused 2-4 have indulged in cruelty, caused physical and mental abuse of Complainant and made demands for dowry hence offence under sections 498A and 506 IPC are made out. In brief, complainant worked at Bangalore and met Applicant No. 1, who worked at Mumbai through jeevansathi dot com. On account of job opportunity of Applicant at Columbia, the parties registered their marriage for visa purposes at Varanasi (U.P.) on 30.08.2022. After marriage, it is alleged that Applicant demanded 11,00,000 as dowry in the form of cash and house hold items. INR 2,00,000 was transferred to the account of Applicant 1 from phone pe of Complainant. Marriage was done with Hindu rituals in Ambikapur on 26.01.2023 where Complainant family spent Rs. 25,00,000 on the wedding. The reception was conducted in Varanasi where Applicant pressured Complainant family to pay Rs. 2,00,000 for the function. After the wedding, Applicant kept the jewellery of the Complainant, worth Rs. 12,50,000 in their possession and asked her to request mother in law give it to her whenever the need arises. The Applicant put pressure on Complainant to leave her job in Bangalore and go live with Applicant in Mumbai. On 27.04.2023, Complainant moved to Mumbai. The Complainant, after moving to Mumbai, realized that Applicant drank alcohol with his friends and did other substances at home along with friends. Friends used to misbehave with Complainant. In the intoxication. Applicant used to indulge in unnatural sex with Complainant and forced her to consume alcohol. Complainant went with Applicant to Varanasi only for 7 days in May, 2023 to attend a marriage. Upon asking for jewelry to wear, the Complainant was denied the same. Accused no. 4 beat up Complainant and Complainant was not taken to the wedding. All 3 / 5 expenses of household were paid by Complainant despite Applicant earning 2 lakhs rupees per month. On 20.09.2023, the Applicant and his friends got drunk abused Complainant but she hid in the bedroom and saved herself. Applicant has been pressuring Complainant to give Rs. 12.50,000 dowry so that he can buy a four-wheeler car. Hence offences under section 498A and 506 IPC. 4. The Applicant respectfully submits that he has already been granted interim protection from arrest by the Hon’ble High Court of Chhattisgarh vide order dated 07.08.2024 and has fully cooperated with the investigation by appearing before the Mahila P.S., Ambikapur on multiple occasions, participating in mediation proceedings, and even depositing 1,00,000/- in compliance with the Court’s order. ₹ Despite this, the police, having per-determined to file the challan, are repeatedly summoning the Applicant, creating imminent apprehension of arrest once the challan is filed, as the interim protection will cease. The FIR is false and maliciously lodged only to harass and pressurize the Applicant, and there is no requirement of custodial interrogation. Arrest would cause irreparable harm to his reputation and gravely affect his dependent parents. The Applicant is a permanent resident, law-abiding citizen, not likely to abscond, tamper with evidence, or influence witnesses, and undertakes to abide by any conditions imposed by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 4 / 5 7. Considering the facts and circumstances of the case, and further taking into account that the applicant had earlier filed CRMP No. 2123 of 2024 challenging the FIR lodged by private respondent No. 2, his wife, and that CRMP No. 2131 of 2024 was also filed by the parents and sister of the applicant seeking quashing of the said FIR, it is observed that the matter was referred to the Mediation Centre of this Court. The applicant duly attended the mediation proceedings and also deposited a sum of Rs. 1,00,000/- with the Mediation Centre of this Court for being paid to the complainant/wife. However, the mediation proceedings failed. It is further noted that the proceedings against the parents and sister of the applicant were quashed by this Court in CRMP No. 2131 of 2024, whereas CRMP No. 2123 of 2024 filed by the applicant for quashing of the FIR was rejected. Hence, the present application for anticipatory bail has been filed. Having regard to the facts and circumstances of the case, and considering that the applicant has appeared before the Mediation Centre and also paid a sum of Rs. 1,00,000/- to the wife, without commenting on the merits of the case, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vaibhav Pandey, 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. 5 / 5 (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 vaibhav