1 2025:CGHC:8172 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 236 of 2025 Afrin Sana W/o. Mohammad Adil Bhojani Aged About 31 Years R/o. Daubada, First Floor, Nayapara, Gole Bazar, Raipur, Dist. Raipur (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station Kotwali, Dist. Raipur (C.G.) ... Non-applicant For Applicant : Mr. Manoj Paranjpe, Advocate. For Non-Applicant/State : Mr. U.K.S Chandel, Deputy Adv. General. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17.02.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of First Anticipatory Bail, apprehending her arrest in connection with Crime No. 14/2025, registered at Police Station – Kotwali, Raipur, District Raipur, (C.G.) for the alleged commission of offence punishable under Sections 318(4), 338, 336(3) of the Bharatiya Nyay Sanhita, 2023. 2. As per the prosecution story, the FIR was lodged by Mohammad Aadil Bhojani, the husband of the applicant. The FIR was registered on 29.01.2025 regarding an incident alleged to have occurred on RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.18 11:24:48 +0530 2 29.12.2022. The FIR alleges, among other things, that the applicant, by providing false information, procured the birth certificate of her daughter under the name Aadil @ Aizal Aadil and falsely stated her place of birth as Raipur, whereas she was actually born in Hyderabad when they were residing there together. It is further alleged that, based on the said birth certificate, she obtained a passport for her daughter and also applied for maintenance under Section 125 of the Code of Criminal Procedure. On these grounds, it is alleged that she has committed the offence of cheating. 3. It is argued by the learned counsel for the applicant that the present applicant is innocent and has been falsely implicated in this case, as there is no concrete evidence against him regarding the commission of the alleged offence. He further submits that this case is a pure matrimonial dispute between husband and wife has given the birth of this Criminal offence and the matrimonial dispute has been given colour of criminal offence. He further submits that the FIR was lodged by Mohammad Aadil Bhojani who is the husband of the applicant, on 29.01.2025 as a counterblast on the same day charges were framed against the complainant under IPC Sections 377, 498A, 323, 506, 354A, and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. The applicant got married with the complainant on 09.10.2021 in Raipur, and they lived in Hyderabad, where their daughter was born, before moving to Bahrain. Due to cruelty and assault by the complainant, the applicant returned to Hyderabad. The complainant later abandoned them and fled to Singapore. On 21.01.2024, the applicant filed an 3 FIR against him and his family for similar offences. He further submits that the present applicant has no criminal antecedent. Therefore he prays for grant of anticipatory bail to the applicant. 4. On the other hand, the learned State Counsel opposes the anticipatory bail application of the present applicant and submits that the applicant, by providing false information, procured the birth certificate of her daughter under the name Aadil @ Aizal Aadil and falsely stated her place of birth as Raipur, whereas she was actually born in Hyderabad when they were residing there together. It is further alleged that, based on the said birth certificate, she obtained a passport for her daughter and also applied for maintenance under Section 125 of the Code of Criminal Procedure. Therefore, she is not entitled for grant of anticipatory bail in the present case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant happens to be the wife of the complainant and there appears to be a matrimonial dispute arisen between the parties, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Afrin Sana, on executing a personal bond and one surety in the like sum to the satisfaction of 4 the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan