1 2025:CGHC:6305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1255 of 2024 Bharat Vaswani S/o Shri Kailash Vaswani, Aged About 27 Years R/o H.No. 10, Shiv Nivas, Mansarowar Colony, Near Gokuldham Residency, Raipura, Police Station-D.D. Nagar, Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Mahila Thana, Raipur (C.G.) ... Non-applicant For Applicant : Mr. Kashif Shakeel, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. For Complainant : Mr. Sachin Nidhi, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.02.2025 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. 93/2024 registered at Police Station – Mahila Thana, Raipur (C.G.) for the offence punishable under Sections 498A of the Indian Penal Code (In short, IPC). 2. The prosecution story, in brief, is that the complainant is the legally wedded wife of the applicant who has filed a written complaint before the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 Police Station Mahila Thana, Raipur against the applicant/husband that she married with the applicant on 26.01.2023 and on account of demand of dowry she was tortured by the applicant and her in-laws and has been evicted from her matrimonial house. Hence, this application. 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 in compliance of the order dated 07.01.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 1,00,000/- to the complainant/wife, but the mediation between the parties have become failed. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as learned counsel appearing for the complainant oppose the bail application and submits that the applicant along with his family members have totured the complainant account of demand of dowry evicted her from her matrimonial house. Hence, the applicant 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 leveled against the applicant, and from the perusal of the case diary it transpires that in compliance of the order dated 07.01.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 1,00,000/- to the complainant/wife, but the mediation between the parties have become failed, but considering the fact that the dispute is of matrimonial 3 in nature and the ad-interim bail has already been granted to the applicant, hence, 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 – Bharat Vaswani on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. (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 Rajshekhar