1 2025:CGHC:8169 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 232 of 2025 1 - Ramesh Shah S/o Late Baijnath Shah Aged About 55 Years R/o 498 A- 4/18 Ambuja Colony Bhawan Balodabazar District- Balodabazar - Bhatapara (C.G.) 2 - Smt. Amravati Devi W/o Shri Ramesh Shah Aged About 53 Years R/o 498 A- 4/18 Ambuja Colony Bhawan Balodabazar District- Balodabazar - Bhatapara (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer Police Station Mahila Thana Bilaspur District- Bilaspur (C.G.) ... Respondent(s) For Applicant(s) : Mr. V.K. Pandey, Advocate For Respondent(s) : Ms. Sudha Shrivastava, Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17.02.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 33/2024 registered at Police Station – Mahila Thana KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Bilaspur District- Bilaspur (C.G.) for the offence punishable under Sections 498-A, 323, 307 and 34 of the IPC. 2. Prosecution case in brief is that the complainant Smt. Ankita Gupta lodged a written report at police of police station Mahila Thana, Bilaspur on 24.06.2024 alleging inter-alia that she was married with Ashish Shah on 18.02.2022 and after the marriage, the present applicants (father in law and mother in law) and her husband namely Ashish Shah have started torturing her demanding dowry 07 lakhs. It is also alleged that the main accused Ashish Shah have also assaulted her consuming liquor many times. It is alleged by the complainant that after some time when she gave birth to a male child namely Kiyansh Shah and then she has gone to house of the present applicants at Bhatapara in the Chhatthi program in which the applicant no.1 has caused injury to her by the means of still bottle and then she return back to Bilaspur along with her husband where the main accused Ashish Shah has again assaulted her by the Ballet and has forcefully tried to insert insecticide poison in her mouth due to this reason she has been admitted in the Hospital for some time. 3. Learned counsel for the applicants submits that the present applicants have been falsely implicated in the aforesaid case, they are innocent and have not committed any offence. He further submits that applicant no. 1 is the father-in-law and 2 is the mother- in-law of the complainant who are residing separately at Baloda Bazar but the complainant has falsely implicated them in the alleged crime. Further, the applicant no.1 is a Mining operator working in 3 the Ambuja cement Company Ltd. at Baloda Bazar Rawan and on the date of last incident i.e. on 24.05.2024, he was on duty therefore also the alleged allegation made against him is not just and proper. Initially the offence punishable under section 498-A, 323 & 34 of IPC have been registered against the applicants but later on without any cogent and reliable evidence the prosecution has added section 307 of IPC which is not made out prima-facie therefore also the Hon'ble court may kindly be pleased to consider it and grant bail to the applicants. 4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicants and submits that the case is at the investigation stage. Anticipatory bail application should be accepted exceptionally in such cases in which prima facie involvement in the crime is not shown whereas in this case the involvement of the applicants is prima facie visible. Also, no such exceptional circumstances are shown in this bail application on the basis of which the benefit of anticipatory bail should be given to the accused/applicants. 5. I have heard learned counsel for the parties and perused all of the documents taken on record. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, it transpires that the case of the present applicants is distinguishable from that of the main accused Ashish Shah i.e. husband of the complainant against whom the main 4 allegation is levelled by the complainant and further the present applicants are residing separately from the main accused, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Ramesh Shah and Smt. Amravati Devi, on executing a personal bond with one surety (each) in the like sum to the satisfaction of the arresting OfÏcer, he shall be released on bail on the following conditions:- (a) They should 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) They should not act in any manner which will be prejudicial to fair and expeditious trial. (c) They should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The Applicants and the sureties 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. (e) They should not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal