SHUBHAM DWIVEDI (WRONGLY MENTIONED AS DWEDI) v. STATE OF CHHATTISGARH
MCRCA/475/2025 · 2025-05-04
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54332 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54332 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:20487
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 475 of 2025 Shubham Dwivedi (Wrongly Mentioned As Dwedi) S/o Dr. K.K. Dwivedi (Wrongly Mentioned Dwedi) Aged About 28 Years Bihari Colony, Near Baba Sweets, New Khursipar, Thana Khursipar, Bhilai District Durg Chhattisgarh (Present Age And Address Mentioned)
... Applicant versus State of Chhattisgarh State of C.G. Through Police Station Mahila Thana, Durg C.G.
... Non-applicant For Applicant : Mr. Uttam Pandey, Advocate along with Ms. Pooja Sinha, Advocate For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. Hon'ble
Shri
Ramesh Sinha, Chief Justice
Order On Board 05/05/2025
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. 12/2025 registered at Police Station – Mahila Thana, Durg, District Durg (C.G.) for the offences punishable under Sections 498-A, 34 of the Indian Penal Code (for short IPC). RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN
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2. The prosecution's story, in brief, is that on the basis of a complaint filed by the complainant, Smt. Ragini Dwivedi, on 18.03.2025, Crime No. 12/2025 was registered against the accused persons at the Mahila Thana, District Durg, under Sections 498A and 34 of the Indian Penal Code. In her written complaint, the complainant stated that she was married to Shubham Dwivedi on 20.05.2022. After the marriage, the behavior of her husband and in-laws towards her was inappropriate. They belittled the items given at the time of marriage and demanded Rs. 6 lakhs in cash and a car, pressuring her to bring the same from her parental home. Upon her refusal, she was abused and assaulted, causing her both physical and mental harassment. On 07.09.2022, she was thrown out of the house. Her husband was allegedly involved in an extramarital affair, and when she informed her mother-in-law about it, her in-laws threatened her with divorce and expressed their intention to remarry their son.
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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. He further submits that the complainant has filed the said case based on a fabricated story. The applicant has no involvement in the alleged offence. The applicant has neither abused the complainant in any manner nor subjected her to any kind of harassment or made any demands. He further submits that this matter was previously listed before this Hon’ble Court on 07.04.2025, and was referred for mediation, which took place on 17.04.2025. Although both parties appeared, the
3 mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel has 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 07.04.2025, and was referred for mediation, which took place on 17.04.2025, 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 – Shubham Dwivedi, 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) The applicant 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 applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. 4 (c) The applicant 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan