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2025 DAILYLAW 5932 (CHH)

TRIPTI CHOUHAN v. STATE OF CHHATTISGARH

MCRCA/154/2025 · 2025-01-29

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Judgment text

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1 2025:CGHC:5316 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 154 of 2025 Tripti Chouhan W/o Satyam Chouhan Aged About 29 Years Old R/o Rajgamar Korba District And Tehsil Korba (Chhattisgarh) ... Applicant versus State of Chhattisgarh Through Police Station Civil Line Rampur Korba District - Korba (C.G.) ... Non-applicant For Applicant : Mr. Anshul Tiwari, Advocate. For Non-applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29.01.2025 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. 757/2024 registered at Police Station – Civil Line, Rampur, Korba (C.G.) for the offences punishable under Sections 296, 115(2), 309(6) and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, it is alleged that the complainant and Satyam Chouhan, the applicant's husband, went to Ghantaghar Chowpati for snacks. The applicant, along with other ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.30 10:55:01 +0530 2 co-accused, arrived at Chowpati and began abusing the complainant, physically assaulting her as well. Furthermore, it is alleged that the applicant took the complainant's Mangalsutra, valued at Rs. 1,84,000/-. Based on these allegations, an FIR was registered at Police Station Civil Line Rampur, Korba, District Korba (C.G.), against the applicant and other co-accused under Sections 296, 115(2), 309(6), and 3(5) of the Bharatiya Nyaya Sanhita, 2023. 3. The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the complainant had an illicit relationship with the applicant's husband. On the date of the incident, the applicant caught the complainant with her husband at Ghantaghar Chowpati. When the applicant objected, the complainant and her husband physically assaulted her. Consequently, an FIR (No. 758/2024) was lodged against the complainant and the applicant's husband for alleged offenses under Sections 115(2), 296, 309(6), and 351(2) of the Bharatiya Nyaya Sanhita, 2023. A copy of FIR No. 758/2024 is annexed as Annexure A/2 in the present bail application. He also submits case is a result of counter FIR, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the nature and gravity of the offence and material on record in the case diary, it appears that the present FIR is as a result of counter FIR, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Tripti Chouhan, 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) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek