1 2025:CGHC:4975 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1388 of 2024 Kaushal Anant S/o Jeevan Lal Anant Aged About 22 Years R/o Village Khariya, Post Baijalpur, Police Station-Bodla, Tahsil And District Kabirdham (C.G.) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer Out Post – Sambalpur, Police Station – Nawagarh, District – Bemetara (C.G.) ... Non-applicant For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-applicant/State : Ms. Supriya Upasane, Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 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. 346/2024 registered at Out Post – Sambalpur, Police Station – Nawagarh, District – Bemetara (C.G.) for the offence punishable under Sections 498A, 377, 506/34 of the Indian Penal Code (In short, IPC), and Section 4 and 5 of the Chhattisgarh Tonahi Pratadna Nivarant Act, 2005. 2. The prosecution story, in brief, is that the complainant/victim and the applicant entered into wedlock on 21.05.2020 at Village Pendri, Out Post Sambalpur, Police Station Nawagarh and thereafter she started living in RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 her matrimonial house with the present applicant and his family members. The prosecutrix/complainant lodged a report in Out Post Sambalpur, Police Station Nawagarh, District Bemetara (C.G.) alleging inter-alia that the accused persons had harassed her mentally and physically on account of dowry and also tried to kill her by way of pouring kerosene oil as well as pressing her neck 1-2 times. It is further alleged that the present applicant along with his family members used to call the complainant as Tonahi, moreover, there are allegations of unnatural sex has also been leveled against the present applicant/husband of the complainant. It is further alleged that the complainant has been thrown out from the matrimonial house. On the basis of report of the complainant the Police registered the Crime. 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 03.01.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 50,000/- 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 opposes the bail application and submits that 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 3 case diary it transpires that in compliance of the order dated 03.01.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 50,000/- to the complainant/wife, but the mediation between the parties have become failed, but considering the fact that the dispute is of matrimonial 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 – Kaushal Anant 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