1 2025:CGHC:8008 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 217 of 2025 Kamalkant Lahre S/o Shri Ramadhar Lahre Aged About 34 Years R/o Village- Naya Basti, Kosir, Tah. Sarangarh, P.S. Kosir, District : Sarangarh-Bilaigarh, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through S.H.O., P.S.- Kosir, District : Sarangarh- Bilaigarh, Chhattisgarh ... Non-Applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-Applicant/State : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/02/2025 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. 19/2025 registered at Police Station – Kosir, District- Sarangarh-Bilaigarh, (C.G.) for the offence punishable under Sections 85, 296, 351(2) of BNS and Section 04, 05 of Tonhi Pratarna Niwaran Adhiniyam. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. As per the prosecution case, in brief is that the complainant namely, Kaushilya Lahre lodged the complaint on 14.01.2025 stating that her marriage was solemnized with the present applicant namely, Kamalkant Lahre in the year 2010 an out of their wedlock three daughters Nancy Lahre, Shreya Lahre and Sharddha Lahre were born and they are presently aged about 18 years, 14 years & 09 years respectively. The co-accused Ramadhar Lahre who is her father-in-law, Neera Bai, who is mother-in-law, Laxmikant, who is Brother-in-law (Dever) and Pushpa Lahre, who is Sister-in-law (Devrani) and Anjali Bhatt, who lives with the applicant, were all harassed the complainant and kicked out out from house. As per complaint, the father-in-law of the complainant was working at Bokaro Thermal Plant Jharkhand and he retired from service in the year 2015 since then he is residing in Village and the husband of the complainant/applicant is in illicit relation with Anjali Bhatt because of that all the above named in-laws are committing physical and mental cruelty with her, it is further alleged that the complainant is involved in black magic because of that the children are facing health issues, that on 12.01.2025 all the in-laws/accused persons have used the filthy language against her and thrown her out from the house, thereafter the complainant called her brother and lodged the complaint against the applicant and other co-accused. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in crime in question. 3 He further submit that the marriage of the applicant and the complainant/wife were solemnized in the year 2010 and out of their wedlock, three daughters were born, who have recently residing with the applicant. He further submits that the complainant/wife has not made any allegation of mental harassment, cruelty and demand of dowry prior to the lodging of the First Information Report because of some family dispute, the complainant has left her in-laws house and lodged the false F.I.R. against the applicant and other in-laws. He further submits that no case is made out as alleged by the prosecution because earlier there was no complaint of demand of dowry since 2010 to December 2024. The other co-accused have already been granted anticipatory bail by the learned trial Court. On the complaint of the complainant, the P.S. Kosir, Dist- Sarangarh- Bilaigarh (C.G) registered the Crime No. 19/2025 for alleged offences punishable under Sections 85, 296, 351 (2) of B.N.S. and Section 04, 05 of Tonhi Pratarna Niwaran Adhiniyam against the applicant and his family members despite the fact that the applicant and other co-accused have not committed any offence as alleged against them. Accordingly, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submits that the applicant along with co-accused persons committing physical and mental cruelty with her and further alleged that the complainant is involved in black 4 magic because of that the children are facing health issues and on 12.01.2025, all the in-laws/accused persons have used the filthy language against her and thrown her out from the house. Accordingly, the present applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the fact & circumstances of the case, nature and gravity of offence levelled against the applicant and further the fact that the marriage of the applicant and the complainant/wife were solemnized in the year 2010 and out of their wedlock, three daughters were born, who have recently residing with the applicant and the FIR has been lodged after a huge delay and in the present case, co-accused persons who have in-laws of the complainant, have already been granted bail by the learned trial Court thus, this Court is of the view that the applicant is entitled to be released on anticipatory bail. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kamalkant Lahre, 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) 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. 5 (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 Kunal