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2025 DAILYLAW 42596 (CHH)

ADITYA HAKRE v. STATE OF CHHATTISGARH

MCRCA/1292/2024 · 2025-01-15

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Judgment text

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1 2025:CGHC:2509 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1292 of 2024 Aditya Hakre S/o Late Shivaji Rao Aged About 30 Years R/o 11/503, Behind Akash Gas Godown, Shivanand Nagar, Gudiyari, Raipur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Police Station- Mahila Thana, District Raipur, Chhattisgarh. ... Non-Applicant For Applicant : Mr. Vivek Mishra, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. For Objector : Ms. Priyanka Rai, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.01.2025 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. 95/2024 registered at Police Station – Mahila Thana Raipur, District- Raipur (C.G.) for the offences punishable under Section 498-A of the Indian Penal Code (for short IPC). 2. The prosecution's story, in brief, is that on 06/09/2024 the complainant lodged the written Complaint before the Police station Mahila Thana, with PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.16 17:14:18 +0530 2 allegation that her marriage with the applicant took place on 10/02/2023 as per Hindu rituals & customs at Vidhan sabha, Raipur in presence of her & his family members and relative. It is further alleged that at beginning the applicant's nature was good and he was well behaved & silent, later on the complainant comes to know about the true side of applicant where she was abused & tortured by the applicant and his family members and relatives on various occasions and she was forced to bath 7-8 times a day in order to touch and worship at house. She has further alleged that applicant was having affair and he has wrongly married with her, her husband used to abuse her in public, before relatives and even before her owns parents. And later on her husbands and relatives had thrown her out from their house. Hence the instant offence was registered against the present applicant. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the each and every facts are baseless because neither a specific occasion is stated nor any particular day or date is mentioned in the complaint and even the allegations levelled are general and trivial, which happens in every family. He further submits that in compliance of the Court’s order dated 09.12.2024, the mediator conducting mediation sessions has informed vide report dated 06.01.2025 that both the parties appeared, the mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as Objector 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 and circumstances of the case, and further the fact that in compliance of the Court’s order dated 09.12.2024, the mediator 3 conducting mediation sessions has informed vide report dated 06.01.2025 that both the parties appeared, the mediation ultimately failed, 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 – Aditya Hakre, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they 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 sureties 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 themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Preeti