Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12311
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 251 of 2025 Abhishek Gadkari S/o Sanjeev Gadkari Aged About 34 Years R/o MIG- 688, Padmanabhpur Durg, Tehsil And District- Durg (C.G.)
... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Mahila Thana Durg, Sector- 6 Bhilai, District Durg (C.G.)
... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. For Objector : Mr. Shivam Agrawal, Advocate. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 12.03.2025
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. 06/2025 registered at Police Station – Mahila Thana, Durg, District Durg (C.G.) for the offence punishable under Section 85 of the Bhartiya Nyaya Sanhita, 2023. 2. According to the prosecution's story, in brief, the marriage of the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.12 19:35:56 +0530
2 complainant (wife) to the applicant (husband) was solemnized on
14.11.2019. The complainant, who holds a Ph.D. in Pharmacy, works as an assistant professor at Sankara College, Junvani Bhilai, Durg. The applicant is engaged in share trading business. On 21.10.2024, the complainant filed a complaint with the SHO at Mahila Thana Sector-6, Bhilai, alleging that her domestic work was not appreciated by her aunt (Bua), and that the applicant had illicit relationships with other women. She also alleged that the applicant would take money from her to invest in the share market. The complainant claimed to have shared her problems with her parents before filing the complaint. The police attempted counseling, but when it failed, an FIR (No. 06/2025) was registered. 3. 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 the Hon'ble Court on 19.02.2025, and was referred for mediation. The mediation took place on 11.03.2025, where both parties appeared and agreed to an amicus settlement. As part of the settlement, the applicant has agreed to pay Rs. 7,00,000/- (seven lakh rupees) to the complainant/wife in five installments. The complainant has already received Rs.
50,000/- on 11.03.2025, and the applicant has given four cheques for the remaining amount to the complainant in the Court premises today itself, therefore, he prays for grant of anticipatory bail to the applicant. 3
4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail of the present applicant. 5. Mr. Shivam Agrawal, learned counsel appearing for the objector submits that as per settlement the applicant has given cheques for remaining amount. 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 19.02.2025, and was referred for mediation. The mediation took place on 11.03.2025, where both parties appeared and agreed to an amicus settlement. As part of the settlement, the applicant has agreed to pay Rs. 7,00,000/- (seven lakh rupees) to the complainant/wife in five installments. The complainant has already received Rs. 50,000/- on 11.03.2025, and the applicant has given four cheques for the remaining amount to the complainant today itself, 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 – Abhishek Gadkari, 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) 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
4 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.
(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 Abhishek