1 2025:CGHC:10551 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 186 of 2025 Sanjeev Rawal S/o Shri Himmat Lal, Aged About 48 Years, R/o 139, Main Road, Kota, Ward No. 12, Kargi Road Kota, P.S. and Tahsil. Kota, District Bilaspur, Chhattisgarh. --- Applicant versus State of Chhattisgarh Through Women Police Station Bilaspur, District Bilaspur, Chhattisgarh. --- Non-applicant For Applicant : Mr. Suryapratap Yuddhveer Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.03.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 92/2024 registered at Police Station – Women Police Station Bilaspur, District Bilaspur (C.G.) for the offence punishable under Sections 3(5), 85, PREETI KUMARI Digitally signed by PREETI KUMARI 2 115(2), 296, 351(3) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2. The prosecution story, in brief, is that an FIR has been registered under Crime No. 92 of 2024 by the Women Police Station Bilaspur, District: Chhattisgarh for offences punishable under Sections 3 (5), 85, 115 (2), 296, 351 (3) of the BNS on a complaint made by the wife of the applicant. The Women Police Station Bilaspur District: Chhattisgarh contrary to the directions of the Honourable Supreme Court of India in Arnesh Kumar Vs. State of Bihar; (2014) 8 SCC 273 without conducting any preliminary inquiry have registered the FIR in aforesaid Crime Number on the basis of a totally false complaint by the wife of the applicant who is so cruel and violent in nature that she often used to quarrel, abuse and hit the applicant and even fractured his leg some time ago. Her behaviour with the parents of the applicant is so rude and cruel and she leaves no stone unturned in harassing the applicant and his parents. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that in compliance of the order dated 04.02.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs.50,000/- to the complainant/wife, which also been received by her from the Mediation Centre of this Court, but the mediation between the parties have become failed. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 3 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that in compliance of the order dated 04.02.2025, the parties had appeared before the Mediation Centre of this Court and the husband/applicant has already deposited a sum of Rs. 50,000/- to the complainant/wife, which also been received by her from the Mediation Centre of this Court as has been stated by learned counsel for the applicant, but the mediation between the parties have become failed, but considering the fact that the dispute is of matrimonial in nature and the ad-interim bail has already been granted to the applicant, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Sanjeev Rawal on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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. (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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. 4 (e)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti