1 2025:CGHC:750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1506 of 2024 1 - Bhanu Pratap Sande S/o Makhnu Ram Sande Aged About 34 Years Current Address - Jila Jail Colony Parisar, Raigarh, Permanent Address - Village And Post Godhi, Tehsil And District - Korba Chhattisgarh 2 - Vijeta Sande W/o Bhanu Pratap Singh Aged About 27 Years Current Address - Jila Jail Colony Parisar, Raigarh, Permanent Address - Village And Post Godhi, Tehsil And District Korba Chhattisgarh. ... Applicants versus State of Chhattisgarh Through Police Station Civil Line Rampur, District – Korba, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. T. R. Patel, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order On Board 06/01/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 748/2024 registered at Police Station – Civil Line Rampur, District – Korba (C.G.) for the offence punishable under Sections 64, 75(1), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (For short, BNS). RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 2. Prosecution case in brief is that the complainant was married to his husband namely Sushil Sande on dated 04.06.2023 and after three months of the marriage her in-laws started demanding more dowry from the complainant, the husband of complainant used to make forceful sexual intercourse with the applicant after consuming alcohol or other intoxications and on denying the same her husband used to beat her and also due to forceful sexual intercourse her uterus is also damaged, the specific allegation against the applicant No. 1 who is brother-in-law (Jeth) of complainant is that, on dated 17.03.2024 when the complainant was alone in the kitchen cooking food the applicant No.1 entered kitchen and started pulling her saree, on the said allegations the FIR was registered against the applicants. Hence, this application. 3. Learned counsel for the applicants would submit that the applicants are innocent person and they have not committed any offence as alleged by the prosecution and he is falsely implicated in the present case. It is further submitted that the applicant No.1 happens to be the husband of the applicant No.2 and on the date of the alleged incident 17.03.2024, applicant No.1 along with applicant No.2 was on ofÏcial duty as evidenced by the letter dated 11.12.2024 issued by the Jail Superintendent, Korba, and the copy of the same has been annexed as Annexure-A/2 in the bail application. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel as well as the learned counsel for the objector, would have opposed the prayer for grant of anticipatory bail to the applicants and submits that the applicant No.1 who is brother- in-law (Jeth) of complainant on dated 17.03.2024 when the complainant was alone in the kitchen cooking food, he entered into the kitchen and 3 started pulling her saree. Therefore, this anticipatory bail application is liable to be rejected. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it transpires that the applicant No.1 happens to be the husband of the applicant No.2 and on the date of the alleged incident 17.03.2024, applicant No.1 along with applicant No.2 was on ofÏcial duty as evidenced by the letter dated 11.12.2024 issued by the Jail Superintendent, Korba, and the copy of the same has been annexed as Annexure-A/2 in the bail application, at this stage without expressing any opinion on the merits of the case, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Bhanu Pratap Sande and Vijeta Sande on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 4 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar