1 2025:CGHC:47310 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1579 of 2025 1 - Mobeen Ahmad S/o Wakeel Ahmad Aged About 65 Years (Named As Mobeen In Fir) R/o Ward No. 15/447 Mahfooz Nagar, Bajardiha Bhelupur District - Varanashi (U.P.) - 221109 2 - Nikhat Asiya W/o Mobeen Ahmad Aged About 61 Years R/o Ward No. 15/447 Mahfooz Nagar, Bajardiha Bhelupur District - Varanashi (U.P.) - 221109 ...Applicants versus 1 - State Of Chhattisgarh Through Station House Officer Pondi District - Manendragarh Chirmiri Bharatpur (Mcb) (C.G.) 2 - Airam Naiyer Alias Rafiya D/o Mahmood Naiyer Azam R/o Ward No. 5, New Mines Pondi District - Manendragarh Chirmiri Bharatpur (Mcb) (C.G.) (Complainant) ...Non-applicants For Applicant : Mr. Vikram Sharma, Advocate. For Non-Applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Objector : Mr. Shalvik Tiwari, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.10.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.10.14 11:35:19 +0530 2 they have been apprehending their arrest in connection with Crime No.49/2025 registered at Police Station – Pondi District – Manendragarh Chirmiri Bharatpur (MCB) (C.G.) for the offences punishable under Sections 498A, 34 of IPC 1860 as well as Section 4 of Muslim Women Protection of Rights on Marriage Act 2019. 2. The prosecution story in brief is that the complainant ie respondent No 2 has lodged an FIR against the present applicants alleging that, the applicants torture the complainant, and on 13.05.2025, the husband of the complainant i.e. Mohd Shahbaz who lives in Dubai, called her through conference call, in which the applicants were also present, and on the instigation of applicants, Mohd Shahbaz has pronounces triple talaq, and thus has committed, cruelty and offence under Section 498 A,Section 34 of IPC as well as Section 4 of The Muslims Women (Protection of Rights On Marriage Act) 2010 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. The present FIR appears to have been lodged as a counterblast to FIR No. 131/2025 filed by Applicant No.2 against the complainant and her family members under Sections 115(2), 351(3), and 352 of the BNS 2023 on 26.06.2025 at Police Station Jajmau, District Kanpur Nagar (UP), a copy of which is annexed as ANNEXURE A/4. It is further submitted that the complainant had left the house of the applicants on 29.08.2023, and therefore, the allegations under Sections 498-A and 34 of the Indian Penal Code are factually incorrect. Moreover, the complainant and her husband, Mohd Shabhad, mutually dissolved their marriage by Mubarat on 28.02.2023 (incorrectly recorded as 3 26.12.2013) in the presence of two witnesses, a copy of which is annexed as ANNEXURE A/5, and thus there is no justification for any pronouncement of Triple Talaq or claims under the Muslim Women (Protection of Rights on Marriage) Act, 2019. It is further submitted that one of the co-accused has already been granted anticipatory bail by this Court in MCRCA No. 1552 of 2025. In view of the above, the applicants pray for the grant of anticipatory bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector opposed the anticipatory bail application of the applicants. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions made by learned counsel for the parties, the nature of the dispute, and the material available in the case diary, particularly as the co-accused has already been granted bail by the trial court in MCRCA No. 1552 of 2025 vide order dated 10.10.2025, without commenting further 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 – Mobeen Ahmad & Nikhat Asiya on executing a personal bond and one local surety each in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) they shall not directly or indirectly make any inducement, threat or promise to any person 4 acquainted with the facts of the case so as to dissuade them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) the applicants and the surety shall submit a copy of their 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Vaibhav