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2025 DAILYLAW 58094 (CHH)

GURJOT SINGH BAGGA v. STATE OF CHHATTISGARH

MCRCA/1408/2025 · 2025-10-29

body2025

Judgment text

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1 2025:CGHC:53088 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1408 of 2025 Gurjot Singh Bagga S/o Surinder Singh Bagga Aged About 37 Years At Present R/o House No. 256, Phase-3, Street No. 1, Shahid Karnail Singh Nagar, Ludhiyana, District - Ludhiana (Punjab), R/o A-120, Fateh Nagar, Hari Nagar, West Delhi (As Per Aadhar Card) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station - Mahila Thana Raipur, District - Raipur Chhattisgarh ... Respondent For Applicant : Shri Ali Afzaal Mirza, Advocate. For Respondent/State : Shri Amit Verma, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/10/2025 1. Complainant is present in person before the Court. 2. 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.31 20:02:43 +0530 2 No.41/2025 registered at Police Station – Mahila Thana Raipur (C.G.) for the offences punishable under Sections 85, 3(5) of B.N.S. 3. According to the prosecution's case, the complainant was married to the applicant according to Sikh customs at Raipur, Chhattisgarh. After marriage, she stayed with the applicant at her matrimonial home for some time, during which he allegedly consumed alcohol excessively and subjected her to physical and sexual cruelty, including unnatural acts without her consent. It is further alleged that the applicant and his family demanded and received dowry in the form of cash, jewelry, and valuable articles worth about Rs.20,00,000/- at the time of marriage and thereafter continued to harass the complainant for more money. On repeated demands, her father allegedly transferred Rs.5,00,000/- to an account specified by the applicant. Despite this, the applicant continued to abuse and assault her and ultimately drove her out of the matrimonial home in May 2025. The complainant has also alleged that the applicant and his parents have sold their property and are planning to leave India after misappropriating her jewelry and money. On the basis of the written complaint, Police Station Mahila Thana, Raipur, registered FIR No. 41/2025 dated 26.06.2025 against the applicant for offences punishable under Sections 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, and took up investigation. 3 4. 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 Court on 10/10/2025, and was referred for mediation. He would submit that the applicant has deposited Rs.50,000/- with the mediation centre and complainant has received the said amount. He further submits that the applicant and complainant appeared before the mediation centre and applicant was ready to live together but the complainant was not ready to live together and settle the dispute and she wants to contest the case, the mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 5. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail of the present applicant. 6. I have heard learned counsel for the parties and perused the case diary. 7. Perused the report of Mediation Centre dated 27/10/2025 and it has been stated in the said report that applicant and complainant appeared before the mediation centre and applicant was ready to live together but the complainant was not ready to live together and settle the dispute and she wants to contest the case, therefore dispute not settled. Hence the mediation failed between the parties, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 4 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gurjot Singh Bagga, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, 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. (e) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri