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2025 DAILYLAW 43673 (CHH)

RAJESH KUMAR SINGH v. STATE OF CHHATTISGARH

MCRCA/1474/2025 · 2025-09-22

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Judgment text

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1 2025:CGHC:48806 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1474 of 2025 1 - Rajesh Kumar Singh S/o Late Vashishtha Narayan Singh Aged About 61 Years R/o Jamuna Kolri Miners Colony, Ward No.03, Police Station Bhalumaada, District : Anuppur, Madhya Pradesh 2 - Manju Singh W/o Shri Rajesh Kumar Singh Aged About 53 Years R/o Jamuna Kolri Miners Colony, Ward No.03, Police Station Bhalumaada, District : Anuppur, Madhya Pradesh 3 - Avinash Kumar Singh S/o Shri Rajesh Kumar Singh Aged About 38 Years Permanent Address Jamuna Kolri Miners Colony, Ward No.03, Police Station Bhalumaada, District Anuppur, Madhya Pradesh. Present Address - Near Railway Colony, Shahdol, Madhya Pradesh. 4 - Anjali Singh W/o Shri Avinash Kumar Singh Aged About 31 Years Permanent Address Jamuna Kolri Miners Colony, Ward No.03, Police Station Bhalumaada, District Anuppur, Madhya Pradesh. Present Address - Near Railway Colony, Shahdol, Madhya Pradesh. ... Applicants versus 1 - State of Chhattisgarh Through Station In-Charge, Police Station - Baikunthpur, District : Koriya (Baikunthpur), Chhattisgarh ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Anuroop Panda, Advocate For Respondents/State : Ms. Ankita Shukla, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 1. This is the First anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.09.24 16:56:31 +0530 2 applicants, who are apprehending their arrest in connection with Crime No. 280/2025 registered at Police Station – Baikunthpur, District – Korea (C.G.) for the offence punishable under Sections 85 of BNS, 2023 and under sections 3, 4 of Dowry Prohibition Act. 2. The prosecution story, in brief, is that the marriage of the victim and accused Uttam Kumar Singh took place on 12.12.2021. After marriage, the complainant went to her in-laws' house in Anuppur. It is alleged that after 20-25 days of marriage, the behavior of accused Uttam Kumar Singh changed and he started abusing the complainant after getting drunk. The accused Uttam Kumar Singh, used to tell the complainant that her parents have given 06 lakh rupees and very few items in dowry, if he had married somewhere else, then he would have receive 10 lakh rupees, 04 wheeler, gold- silver jewelry and other household items. It is alleged that Applicants Rajesh Kumar Singh, Manju Singh, Avinash Kumar Singh, Anjali Singh used to taunt her. It is alleged that, the complainant's father and brother used to send food items and cash for expenses from time to time, so that the accused/applicants remain happy, but there was no change in the behavior of the accused/applicants and they kept demanding dowry continuously. The applicants mentally harassed the Complainant by abusing her obscenely and threatened to divorce the accused Uttam and get the accused Uttam married again with other girl. The applicant's health deteriorated due to the physical and mental torture given by the applicants. The victim's father went to the applicant's house on 26.08.2023 and got the complainant treated at Shahdol hospital and brought her back to Baikunthpur. On 14.12.2023, the complainant's father along with respected persons of the society went to the applicant's house to convince them, but even 3 after a lot of persuasion, the accused did not listen and insulted the complainant, the complainant's father and the persons who accompanied him and drove them out of the house. As per the above, the applicants are accused of demanding dowry from the complainant applicant and harassing her physically and mentally and being cruel to her. Hence it is alleged that the present applicants along with co- accused committed fraud and committed the offence punishable under section 85 of B.N.S and section 3, 4 of Dowry Prohibition Act. 3. It has been argued by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in this case. It is further submitted that applicants No.1 and 2 are father-in-law and mother-in-law and as the complainant don’t wanted to stay with the applicants and other family members of the accused Uttam, victim left the house of the applicant. It is also pertinent to mention that complainant has also filed a case claiming maintenance before Family Court. He also submits that applicant No.3 in working at Banglore based company and applicants No.3 and 4 has no relation with the alleged crime and they have only been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the anticipatory bail application of the applicants and submits that applicants are resident of the State of Madhya Pradesh. 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 4 gravity of allegation levelled against the applicants, submissions made by learned counsel for the parties and as transpires from the case diary that the present matter is matrimonial in nature, this Court is of the view that the applicants are 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 applicants – Rajesh Kumar Singh, Manju Singh, Avinash Kumar Singh and Anjali Singh on executing a personal bond with one local surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicants 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 Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 Applicants 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 Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali