Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:3170
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1232 of 2024 Vikas Tiwari S/o Dilip Tiwari Aged About 33 Years R/o Vishram Nagar, Aara Bhojpur (Bihar). Presently R/o House No. E-2/503, Gowardhan Enclave, Vrandavan Yojna - 4, P.S. PGI, District Lucknow Uttar Pradesh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Mahila Thana, Sector - 6, Bhilai, District Durg Chhattisgarh. ... Non-applicant For Applicant : Ms. Priyanka Rai, Advocate For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For objector : Mr. Vivek Siddharth Ojha, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 17.01.2025
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. 33/2024 registered at Police Station – Mahila Thana, Sector 06 Bhilai, District Durg (C.G.) for the offences punishable under Sections 498(a), R/W Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.18 14:06:56 +0530
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2. According to the prosecution, the wife of the applicant - Smt. Nidhi Tiwari filed a written complaint with the police at Mahila Thana, Sector-6, Bhilai, against the present applicant and his parents. She alleged that she was married to the applicant on February 18, 2024, and was continuously harassed by him and his parents for dowry, both before and after the marriage. Based on her complaint, the police registered a case against the applicant and his parents. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the matter was previously listed before this Court on October 25, 2024, and was referred to the Mediation Center. The applicant and the complainant appeared before the Mediation Center, and mediation was successfully completed between them, therefore, he prays for grant of anticipatory bail to the present applicant. 4. Learned State counsel as well as learned counsel appearing for the objector couldn’t disputed the said fact. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Considering the facts and circumstances of the case, and further considering the fact that the matter was previously listed before this Court on October 25, 2024, and was referred to the Mediation Center, the applicant and the complainant appeared before the Mediation Center, and mediation was successful, therefore, without further commenting on the merits, I am inclined to grant anticipatory bail to the applicant. 3
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vikas Tiwari , on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 Abhishek