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2025 DAILYLAW 9421 (CHH)

HARPREET SINGH SANDHU v. STATE OF CHHATTISGARH

MCRCA/254/2025 · 2025-04-15

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Judgment text

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1 2025:CGHC:17191 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 254 of 2025 Harpreet Singh Sandhu S/o Charanjeet Singh Sandhu Aged About 32 Years R/o House No. 246, Near Harish Petrol Pump Rawanbhatha, Raipur, District Raipur, Chhattisgarh. --- Applicant versus State Of Chhattisgarh Through The S.H.O. Police Station Khamtarai, District Raipur, Chhattisgarh. -- Non-Applicant For Applicant : Mr. Siddharth Pandey, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.04.2025 1. Proceedings of this matter have been taken through video-conferencing. 2. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 51/2025 registered at Police Station – Khamtarai, District Raipur (C.G.) for the offence punishable under Sections 296, 115(2), 85 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). PREETI KUMARI Digitally signed by PREETI KUMARI 2 3. The prosecution story, in brief, is that the complainant/Komal Singh Sandhu lodged a written complaint against the present applicant, Mina Mausi, Harivinder Kuar and others alleging therein that the marriage between the applicant and the complainant was solemnized on 21.12.2023 at Raipur, the family of the applicant including the applicant committed cruelty against her and demanded Rs. 10 lakhs and a car from her as dowry. She further alleged that she was pressured to abort her child. She came back to her parental house on 25.06.2024 however to save her marital relations; she went back to her matrimonial home. She was also forced to work during her pregnancy and was not given due time to rest. Her ornaments were kept by her in-laws and her mobile phone was broken. Her bank account as well as her social media details is with the present applicant. Earlier a demand was made for furniture, 10 lakhs in cash, scooty, ornaments and clothes however after fulfillment of the demands, their greed did not lessen. She further alleged that she came to know about extra marital affairs of her husband i.e. the present applicant however when she let the family members know about the same, she was assaulted. Her gold chain was snatched from her since nothing was gifted in the Lohri festival by her family. She was assaulted during her eighth month of pregnancy. She and her family members were threatened with dire consequences. When she refused the demands for dowry, she was again assaulted and subjected to unnatural intercourse by the present applicant. Her newly born child was kept by the applicant and his family. Thus, she prayed for lodging an FIR against the applicant and other family members. On such basis, an FIR bearing No. 51/25 was registered at the Police Station Khamtarai, District Raipur against the applicant and other family members for the offence punishable under Sections 296, 115(2), 85 and 3(5) of the BNS. 3 4. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that in compliance of the order dated 02.04.2025, the parties had appeared before the Mediation Centre of this Court and both the parties expressed willingness to restart their marital life, resolve all issues and live together peacefully, and the mediation between the parties have become successful. Therefore, he prays for grant of anticipatory bail to the applicant. 5. On the other hand, learned State counsel also submitted that as per the mediation report dated 09.04.2025, the parties had appeared before the Mediation Centre of this Court and the mediation between the parties have become successful, and they have expressed their willingness to live together peacefully. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that in compliance of the order dated 02.04.2025, the parties had appeared before the Mediation Centre of this Court and as per the mediation report dated 09.04.2025 both the parties expressed willingness to restart their marital life, resolve all issues and live together peacefully, and the mediation between the parties have become successful, and the ad-interim bail has already been granted to the applicant, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the 4 event of arrest of the applicant – Harpreet Singh Sandhu 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) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 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)The Applicant shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti