1 2025:CGHC:7556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 118 of 2025 Jayant Mistry S/o Vivekanand Mistry Aged About 33 Years R/o Gitanjali Gali, Behind F.C.I. Go-Down Kumharpara, Jagdalpur District Bastar (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bodghat, District Bastar, Chhattisgarh ... Non-applicant For Applicant : Mr. Manish Nigam, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.02.2025 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. 538/2024 registered at Police Station – Bodghat, District Bastar (C.G.) for the offence punishable under Sections 85, 296, 115(2), 3(5), 351(2) of the B.N.S. and Section 25 and 27 of the Arms Act. 2. The prosecution case in brief is that the marriage of the applicant and the complainant was solemnized on 04.03.2022. After a lapse of about two years on 24.12.2024, the complainant, wife of the KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 applicant, reported the matter to the police and stating therein that the applicant asked her to bring ₹5,00,000/- from her father which she refused and on account of which, the applicant beaten her and also abused her with filthy language. It is further alleged that the applicant threatened her and also waved knife due to which she sustained injuries on her nose and neck pursuant to which FIR was registered against the applicant for the aforesaid offence. 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 23.01.2025, and was referred for mediation, which goes to show that the complainant namely Rashmita Mistry who happens to be a wife of the applicant failed to appear before the Mediation Center. Hence, therefore, he prays for refunding that money which has been deposited in Mediation center and 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 07.02.2025 and the same was referred to the Mediation Center of this Court, which took place on 20.01.2025, although the complainant/wife did not appear before the Mediation Center to 3 contest the Mediation proceedings and the applicant has already been deposited the amount of Rs. 1 Lakh before the Mediation Center but due to absence of the complainant/wife, the Mediation failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. However, the money which was deposited by the applicant before the Mediation Center of this Court shall be refunded to him if he moves an appropriate application for the same. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Jayant Mistry, 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 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. 4 (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal