1 2026:CGHC:1269 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1765 of 2025 Sunil Kumar Banjare S/o Vishram Banjare Aged About 26 Years R/o E/404, Palam Aakshatna Part-01, Dwarka, Sector-07, Thana Sector, District Dwarka, South West, Delhi ... Applicant versus State Of Chhattisgarh Through - Station House Officer, Police Station Mahila Thana Sector - 06, Bhilai, District Durg (C.G.) ... Respondent For Applicant : Shri C.R. Sahu, Advocate. For Respondent/State : Ms. Monika Thakur, PL. For complainant : Shri Pritendra Chauhan, Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/01/2026 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.62/2025 registered at Police Station – Mahila Thana, GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.01.09 18:20:43 +0530 2 Sector-06, Bhilai,, District Durg (C.G.) for the offences punishable under Sections 85, 3(5) of the BNS. 2. Case of the prosecution, in brief, is that the marriage between the applicant and the complainant was solemnized on 11.03.2024 according to Hindu rites and rituals at Village Nandinikhudini, Bhilai. At the time of marriage, there was no dowry tradition prevailing in the society; therefore, no dowry was given by the parents of the complainant. The parents of the complainant are landless villagers, and consequently, the marriage was solemnized in a very simple manner. After the marriage, the complainant resided with the applicant’s family for only 15 days. Thereafter, the applicant, along with the complainant, went to Delhi, as the applicant is employed in a private institution as an O.T. Technician. The complainant repeatedly insisted that the applicant should reside separately from his parents and often behaved cruelly. She also restrained the applicant from providing financial assistance to his parents. The father of the applicant, Vishram Banjare, is suffering from heart disease; despite this, the complainant denied medical treatment to him, due to which disputes arose between the parties. After the lapse of about nine months, the complainant went to Bhilai to her maternal home and refused to live with the applicant. Thereafter, she continued to reside at her maternal home in Bhilai and lodged an F.I.R. against the applicant and his parents. 3 3. Learned counsel for the applicant submits that the applicant is an innocent person and has not committed any offence as alleged by the prosecution. He would submit that the mother and father of the applicant, have already been granted anticipatory bail by the learned Trial Court. He would submit that the complainant has filed an application under Section 125 of the Cr.P.C. before the learned Family Court seeking maintenance. He would submit that no dowry was ever demanded or accepted by the applicant, as there is no such custom or tradition prevailing in the society, and the marriage was solemnized in a very simple manner, despite this, the complainant has falsely lodged the report against the applicant and his parents. He would submit that the parents of the complainant are very poor and are unable to maintain themselves properly; hence, there was no question of dowry. He would submit that the complainant willfully refused to reside with the applicant, as she wanted to live with her parents at Bhilai, and has falsely lodged the F.I.R. against the applicant and his parents. He would submit that the applicant is the sole breadwinner of his family and is responsible for the care and maintenance of his aged parents and the father of the applicant is undergoing treatment for heart disease. He would submit that the applicant is a permanent resident of the address mentioned in the cause title of the bail application, and there is no likelihood of his absconding or tampering with prosecution witnesses, therefore, he submits 4 that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel as also learned counsel for the complainant oppose the prayer for grant of anticipatory bail. They would submit that though the mediation was successful between the parties, the applicant has taken the complainant his wife after the mediation but again he left her. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, further the fact that earlier matter was referred for mediation on 13/11/2025 and interim protection was granted by this Court to the applicant, but it appears that after mediation being successful again difference arose between the parties, considering the fact that the allegations arise out of matrimonial dispute and the parents of the applicant have already been granted anticipatory bail by the trial Court, 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 – Sunil Kumar Banjare, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- 5 (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 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri