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2025 DAILYLAW 9526 (CHH)

AAKASH YADAV v. STATE OF CHHATTISGARH

MCRCA/250/2025 · 2025-03-11

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Judgment text

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1 2025:CGHC:12058 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 250 of 2025 Aakash Yadav S/o Bhagwat Yadav Aged About 26 Years R/o Village Sakri P.S. Chakarbhata District - Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through The Police Station Bhatapara (City) District - Balodabazar Bhatapara (C.G.) ... Respondent For Applicant : Shri Dheerendra Pandey, Advocate appears on behalf of Shri Deepak Kumar Jain, Advocate. For Respondent/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/03/2025 1. Shri Dheerendra Pandey, Advocate appears and submits that due to some personal difficulty Shri Deepak Kumar Jain, learned counsel for the applicant could not appear. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.12 17:38:08 +0530 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. 33/2025 registered at Police Station – Bhatapara (City), Distt. Baloda Bazar-Bhatapara (C.G.) for the offences punishable under Sections 85, 3(5) of Bharatiya Nyaya Sanhita, 2023. 3. According to the prosecution's case, marriage of the applicant with complainant namely Pinki Yadav was solemnized on 2.05.2021 according to social customs. After marriage applicant used to harass the complainant in the name of dowry used to abuse and beat the complainant everyday saying that she has not given any goods things in dowry and demanded Rs.1,00,000/-as dowry and if she does not give it he will not let the complainant live, will kill her, saying this, he locked her in a room and attempted to kill her by abusing her vulgarly and beating her. After that complainant lodged the FIR against the applicant before the police, the Police registered the offence under section 85, 3(2) of Bharatiya Nyaya Sanhita, 2023. 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 19/02/2025, and was referred for mediation. He submits that the applicant appeared but the complainant stated that she is not coming, 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. Perused the report of Mediation Centre dated 7/03/2025 and it has been stated in the said report that respondent telephonically responded that they are coming but at 3.15 they stated telephonically that she is not coming. Hence the mediation failed between the parties, 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 – Aakash Yadav, 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 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 gouri