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2025 DAILYLAW 8942 (CHH)

BAHADUR SHAH v. STATE OF CHHATTISGARH

MCRCA/237/2025 · 2025-04-07

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Judgment text

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1 2025:CGHC:16181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 237 of 2025 Bahadur Shah S/o Faisul Hak Aged About 38 Years R/o Lig-499, Housing Board Colony, Sejbahar, Mujgahan, District Raipur Chhattisgarh At Present R/o 47 More Road, G-Block, No. 12, Fazar Town, Bengaluru-560005 (Description Of The Applicant, Which Is Correctly Written As Per Cause Title Mentioned In Hindi In The Bail Order Dated 20-12-2024) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Mahila Thana Durg, District Durg Chhattisgarh. ... Respondent For Applicant : Mr. Shikhar Sharma, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.04.2025 1. Proceedings of this matter have been taken through video conferencing. 2 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 No.94/2021 registered at Police Station – Mahila Thana, Durg, District - Durg (C.G.) for the offences punishable under Sections 498-A & 34 of the Indian Penal Code. 3. As per prosecution story in brief is that, the complainant namely Nasreen Bano made a complaint, on account of which Mahila Thana Durg (C.G.) against the present applicant and his relatives under Section 498-A of Indian Penal Code and in the complaint, she have stated that after her marriage, which was solemnized on 08-07-2018 with the present applicant at Bangalore. The present applicant and his parents started making ill-treatment and cruelty with her for demand of dowry and when she became pregnant, she was brought to her father's house and after that the applicant and his parents did not taken any whereabouts of complainant. 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 Hon’ble Court on 10.03.2025, and was referred for mediation, which took place on 02.04.2025. Although both parties appeared, the mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 3 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. Considering the facts & circumstances of the case, and further the fact that this matter was previously listed before this Court on 10.03.2025, and was referred for mediation, which took place on 02.04.2025. Although both parties appeared, the mediation ultimately failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bahadur Shah, on executing a personal bond and one 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. 4 (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 vaibhav