1 2026:CGHC:22668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 636 of 2026 Vivek Kesharwani S/o Ramji Resharwani, Aged About 30 Years R/o Chhote Mathpara Ward No. 9/12, Sarangarh, District -Sarangarh, Bilaigarh, Chhattisgarh, ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Sarangarh, District Sarangarh, Bilaigarh, C.G. ... Non-applicant For Applicant : Mr. Aman Tamboli, Advocate For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer. For Objector/Complainant : Mr. Devendra Pratap Singh, Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/05/2026 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. 159/2026 registered at Police Station – Sarangarh, District Sarangarh-Bilaigarh, (C.G.) for the offences punishable under Sections 115(2), 351(3), and 85 of the Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The prosecution's story, in brief, is that the complainant, who is the wife of the present applicant, lodged a report before the police alleging that she was subjected to cruelty by the applicant on the pretext of demand of dowry. It is further alleged that the applicant was found in an objectionable position with another girl on 24.02.2026 and that he was having alleged affairs with other women. It is also alleged that on 07.04.2026, the complainant was assaulted by the applicant when she objected to his conduct and started recording the incident on her mobile phone, whereupon the applicant allegedly snatched her mobile handset and broke it. On the basis of the aforesaid allegations, FIR has been registered against the applicant and he is apprehending his arrest in the said crime. Hence, the present application for grant of anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case for oblique and ulterior motives and that no offence as alleged by the prosecution is made out against him. It is further submitted that the applicant is a law-abiding and peace-loving citizen having no criminal antecedents whatsoever. He further submits that the complainant is a disgruntled wife who is not willing to reside in the matrimonial home and is not performing her marital obligations and since the inception of marriage she has been creating unnecessary disputes over trivial issues, thereby making the applicant’s life miserable. It is also submitted that the applicant is the sole bread earner of his family, his parents are senior citizens suffering from health issues, and in the event of his arrest the entire family would 3 face severe hardship and irreparable loss. It is further submitted that the marriage between the parties was solemnized on 04.02.2024 as per Hindu rites and rituals, and neither the applicant nor his family members ever demanded any dowry from the complainant or her family, who are in fact running a small fruit shop in Bilaspur near Brihaspati Market. He also submits that after the unfortunate demise of the applicant’s elder brother, the family has been under severe financial and emotional distress, and the parents of the applicant have been frequently unwell. It is also contended that the complainant is well aware of the difÏcult circumstances of the applicant’s family, yet she is insisting on living separately due to personal differences with the sister-in-law, which has led to frequent disputes in the family. He further submits that this matter was previously listed before this Hon’ble Court on 29.04.2026, and was referred for mediation, which took place on 08.05.2026. Although both parties appeared, the mediation ultimately failed, therefore, he prays for grant of anticipatory bail to the present applicant. 4. On the other hand, learned State counsel as well as learned counsel for the objector has opposed the prayer for grant of anticipatory bail of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, and further the fact that this matter was previously listed before this Court on 29.04.2026, and was referred for mediation, which took place on 4 08.05.2026, although both parties appeared, the mediation ultimately failed, therefore, without further commenting anything on merits, I am inclined to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and the order dated 29.04.2026 is made absolute, and it is directed that in the event of arrest of the applicant – Vivek Kesharwani, on executing a personal bond and one local surety each 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 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 Rahul Dewangan