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2025 DAILYLAW 44973 (CHH)

ROHIT KALYANI v. STATE OF CHHATTISGARH

MCRCA/1414/2024 · 2025-01-20

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Judgment text

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1 2025:CGHC:3465 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1414 of 2024 Rohit Kalyani S/o Shri Kishan Kalyani Aged About 35 Years Address-304, Block C, Flower Valley, Police Station Shivpur, District Hawra, West Bengal, Pin Code 711102. ... Applicant versus State of Chhattisgarh Through Women Police Station Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Himanshu Thakur, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. For Objector : Mr. Ankit Singhal, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 20/01/2025 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. 37/2024 registered at Police Station – Women Police Station Raipur, District Raipur (C.G.) for the offences punishable under Sections 498-A, 294/34 of the Indian Penal Code (for short IPC). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.22 10:46:00 +0530 2 2. The prosecution's story, in brief, is that the complainant lodged a First Information Report (FIR) against the applicant and his parents at the Women’s Police Station, Raipur. The complainant stated that she was married to the applicant on 27.04.2021 as per mutual customs and rituals, with the engagement having taken place on 19.01.2021. At the time of the engagement, the applicant’s parents began pressuring for dowry. On the applicant’s demand, a gold coin worth ₹51,000, ₹21,000 in cash, expensive clothes, dry fruits, sweets, and an envelope containing ₹3,100 as shagun were given to all the relatives. Additionally, a silver coin was given as shagun. The complainant alleged that she was asked to arrange jewellery worth ₹25 lakhs, following which gold and diamond jewellery were made and given at the time of the marriage. The applicant and his parents harassed her, claiming that the dowry given during the wedding was insufÏcient. Due to COVID-19 restrictions, only 20 people attended the wedding, yet two days before the ceremony, a demand for ₹50 lakhs in cash and a BMW car was made. Despite providing the car, cash, and gold and silver jewellery as dowry, the applicant and his parents continued to demand more dowry, abused her, and subjected her to physical assault. The complainant further stated that the applicant and his parents did not return the items given as dowry. Due to the continuous harassment in connection with dowry demands, the complainant filed a report against the applicant and his parents at the Women’s Police Station, Raipur. 3 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the complainant is the wife of applicant and have a son, who is approximately 1 year and 9 months old. He further submits that the complainant has filed the said case based on a fabricated story. The applicant has no involvement in the alleged offense. The applicant has neither abused the complainant in any manner nor subjected her to any kind of harassment or made any demands. Applicant is employed in a private job and earns income to support himself and his family. He further submits that this matter was previously listed before this Hon’ble Court on 09.12.2024, and was referred for mediation, which took place on 07.01.2025. Although both 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 have 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 & circumstances of the case, and further the fact that this matter was previously listed before this Hon’ble Court on 09.12.2024, and was referred for mediation, which took place on 07.01.2025, although both parties appeared, the mediation ultimately failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Rohit Kalyani, on executing a personal bond and one local surety each 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 Rahul Dewangan