Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:4065
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1448 of 2024 Abhinav Sharma S/o Manoj Kumar Sharma, Aged About 33 Years R/o L.I.G.-114, Yadunandan Nagar, Tifra, Police Station-Sirgitty, District- Bilaspur (C.G.)
... Applicant versus State of Chhattisgarh Through - Station House OfÏcer, P.S.- Mahila Thana Bilaspur, District- Bilaspur (C.G.)
... Non-applicant For Applicant : Mr. Guridev I. Sharan, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 22.01.2025
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. 74/2024 registered at Police Station – Mahila Thana, Bilaspur, District Bilaspur (C.G.) for the offences punishable under Sections 498A, 294, 506, 34 of the Indian Penal Code. 2. According to the prosecution's case, the police at Mahila Thana police station in Bilaspur, District Bilaspur, registered a crime against the present applicant and other co-accused individuals on ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.23 17:47:54 +0530
2 November 20, 2024. The complainant, Alka Sharma, filed a written report against the applicant (her husband) and other co- accused persons, including Smt. Sangita Sharma (mother-in-law) and Adarsh Sharma (brother-in-law). According to the FIR, the marriage between the complainant and the applicant took place on January 18, 2023, following Hindu rituals. It is alleged that the mother-in-law and late elder mother-in-law began ill-treating the complainant, demanding Rs. 11,00,000/- before the marriage ceremony. Furthermore, it is alleged that on January 19, 2023, the applicant and the other two co-accused individuals abused and passed comments, demanding dowry. Additionally, it is alleged that on March 25, 2023, the applicant and his mother-in-law forcibly demanded that the complainant hand over all her ornaments. When the complainant resisted, they used filthy language and threatened to kill her. The complainant was allegedly tortured for eating, drinking, and sleeping for a period of one week. When the complainant returned to her matrimonial home on February 27, 2024, she was not allowed inside by her in- laws. Due to the alleged ill-treatment, the complainant filed a report at the concerned police station against the applicant and the other co -accused individuals. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case.
He submits that this matter was previously listed before this Hon’ble Court on 16.12.2024, and was referred for mediation, which took place on
20.01.2025. Although both parties appeared, the mediation
3 ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel 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 Court on 16.12.2024, and was referred for mediation, which took place on
20.01.2025. 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. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Abhinav Sharma, on executing a personal bond and one surety 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
4 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 Abhishek