Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 26232 (CHH)

SAMAIYA JUMAR v. STATE OF CHHATTISGARH

MCRCA/1067/2026 · 2026-07-09

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 CGHC010262432026 2026:CGHC:28931 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1067 of 2026 1 - Samaiya Jumar S/o Late Rajesh Jumar Aged About 27 Years R/o Mandirpara, Awapalli, P.S. Awapalli Tahsil Usoor, District- Bijapur (C.G.) 2 - Smt. Panita Jumar W/o Late Rajesh Jumar Aged About 45 Years R/o Mandirpara, Awapalli, P.S. Awapalli Tahsil Usoor, District- Bijapur (C.G.) 3 - Kumari Naglaxmi Jumar D/o Late Rajesh Jumar Aged About 25 Years R/o Mandirpara, Awapalli, P.S. Awapalli Tahsil Usoor, District- Bijapur (C.G.) 4 - Kumari Gaytri Jumar D/o Late Rajesh Jumar Aged About 22 Years R/o Mandirpara, Awapalli, P.S. Awapalli Tahsil Usoor, District- Bijapur (C.G.) ... Applicants versus State Of Chhattisgarh Through- The Police Station, Awapalli District Bijapur (C.G.) ... Respondent For Applicants : Mr. Praveen Tulsyan, Advocate. For Respondent : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.07.2026 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 07/2026 registered at Police Station –Awapalli, District Bijapur (C.G.) for the offence 2 punishable under Section 85 of Bhartiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that complainant lodged written complaint alleging therein that applicant No. 1 married the complainant at a Shiva temple by applying vermilion to her forehead. After marriage, they were living together as husband-wife, leading to a marital life. After some time of marriage, present applicants started harassing her physically and mentally in connection with demand of dowry. Based on above facts, present crime has been registered against the applicants. 3. Learned counsel appearing for the applicants submits that the applicants are innocent and have been falsely implicated in the crime in question. It is argue that there are general & omnibus allegations against the applicants and the complainant has merely alleged that a marriage was performed in a temple, however, the applicants specifically dispute the existence of any valid and lawful marriage. According to them, applicant No.1 and the complainant were only in a live-in relationship and under the pressure of complainant, the applicant No. 1 has put a signature on the affidavit of marriage. It is next contended that the applicants No. 3 & 4 are young female college students and their arrest would seriously disrupt their education, prevent them from attending classes and examinations and their custodial interrogation is wholly unnecessary. He further submits that the applicants undertake to cooperate with the investigation and shall appear before the Investigating Officer as and when required and they shall not temper with the prosecution evidence or influence any witness and, therefore, the applicants may also be extended the benefit of anticipatory bail. 4. On the other hand, learned counsel opposes the prayer for grant of anticipatory bail to the applicant and submits that marriage between the 3 applicant No. 1 and the complainant is court marriage held on 13.09.2024 and the manner in which the complainant is alleged to have been harassed by the applicants physically and mentally in connection with demand of dowry, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Having heard learned counsel for the parties, having regard to the facts & circumstances of the case, particularly considering the nature of allegations made against the applicants, without further commenting on merits of the case; this Court is inclined to extend the benefit of anticipatory bail to the applicants 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants–Samaiya Jumar, Smt. Panita Jumar, Kumari Naglaxmit Jumar and Kumari Gayatri Juman, on each of them executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, they shall be released on bail on the following conditions:- (a) The Applicants 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 Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d)The Applicants 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 4 verified by the trial Court. (e)The Applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Dubey AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2026.07.13 14:37:29 +0530