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2025 DAILYLAW 56838 (CHH)

KUNAL GOSWAMI v. STATE OF CHHATTISGARH

MCRCA/844/2025 · 2025-07-02

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:30308 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 844 of 2025 Kunal Goswami S/o Shri Daulatpuri Goswami Aged About 34 Years R/o Back Side Of Kokriya Mill, New Azad Colony, Pali District- Pali, (Rajasthan) ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Mahila Thana Bhilai, District- Durg (C.G.) ... Respondent For Applicant : Shri Sunil Verma, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 03/07/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.24/2025, registered at Police Station Mahila Thana, Bhilai, District Durg (C.G.) for alleged commission of offence punishable under Sections 3 (5) and 85 of B.N.S. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.07 11:41:56 +0530 2 2. Case of the prosecution, in brief, is that the complainant filed a written Complaint addressed to the Station House Officer of the Mahila Thana Bhilai for appropriate legal action against husband namely Kunal Goswami, In this complaint the complainant stated that she got married on 28-02-2019 with Kunal Goswami at Rajasthan in New Azad Colony Dhani Road Baali and after two months the applicant with complainant had gone to his workplace at Ahmadabad (Gujrat) according to hindu rites and rituals. After marriage, during this time, the husband, father-in-law and mother- in-law all together started torturing the applicant physically and mentally on small matters by telling her that she has not brought anything in dowry, we have given a lot to our daughter, your brother gave less money for the marriage, you should bear all the household expenses. When the applicant got pregnant, her in- laws started torturing her mentally by saying that she should have a boy and if it is a girl, then expenses will have to be spent on her marriage too, we spent Rs. 23 lakhs on your marriage, saying this they started torturing her physically and mentally by creating arguments and fights everyday. Therefore the complainant has lodged the complaint to the concerned police and the police has registered offences under 3(5) and 85 of B.N.S., and subsequently the F.I.R. is registered, hence, this bail application. 3. Learned counsel for the applicant submits that the matter was referred to the mediation center on 13/06/2025 with a direction to the applicant to deposit Rs.1,00,000/- (Rs.One Lakh) for 3 mediation purpose and interim protection was granted to him but the applicant could not deposit the amount due to financial hardship. It is stated that marriage is of the year 2019 and he is having a child. He would submit that the parents of the applicant have been granted anticipatory bail by the learned trial court, therefore, he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the fact that matter was referred to the mediation center on 13/06/2025 with a direction to the applicant to deposit Rs.1,00,000/- (Rs.One Lakh) for mediation purpose and interim protection was granted to him but the applicant could not deposit the said amount due to financial hardship, on a specific query being made to learned counsel for the applicant that whether the applicant is interested to deposit the amount of Rs.1,00,000/- (Rs.One Lakh) for mediation purpose, he states that due to financial hardship, applicant is not in a condition to deposit the amount of Rs.1,00,000/- (Rs. One Lakh), also considering the nature of allegation levelled against the applicant and considering the fact that investigation is going on, I am not inclined to grant anticipatory bail to the applicant. 4 7. Accordingly, the anticipatory bail application of the applicant - Kunal Goswami, involved in Crime No.24/2025, registered at Police Station Mahila Thana, Bhilai, District Durg (C.G.) for alleged commission of offence punishable under Section 3 (5) and 85 of B.N.S. is rejected. 8. In view of the above, interim protection granted on 13/06/2025 stands vacated. Sd/-Sd S S S Sd/- (Ramesh Sinha) Chief Justice gouri