1 CGHC010293422026 2026:CGHC:35679 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1233 of 2026 Mohammad Asharaf S/o Bashir Raja, Aged About 38 Years R/o Abdul Kalam Nagar, Risda Road, Balodabazar Dist. Balodabazar - Bhatapara, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through City Kotawali, Balodabazar Dist. Balodabazar - Bhatapara Chhattisgarh ... Non-applicant For Applicant : Mr. Waquar Naiyer, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. For Objector : Mr. Ramsajivan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.08.2026 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. 592/2026 registered at Police Station – City Kotawali Balodabazar District Balodabazar - Bhatapara (C.G.) for the offences punishable under Sections 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 351(2) of the BNS 2023. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.08.13 11:08:47 +0530 2 2. The prosecution case, in brief, is that the marriage between the complainant and the present applicant was solemnized on 20.12.2012 according to Muslim rites and customs. It is alleged that after the marriage, the applicant and his family members harassed the complainant, abused and assaulted her, and threatened her with dire consequences. It is further alleged that at the time of marriage, the complainant’s family provided financial assistance of Rs.1,50,000/- to the applicant. On 09.05.2025, when the applicant went abroad, he left the complainant and their son Alwan at her mother’s house and, after returning in July 2025, took only their son with him and left the complainant at her maternal home. It is alleged that despite several attempts, the complainant did not return to the matrimonial home due to the alleged harassment, and on 08.07.2026, the applicant pronounced triple talaq upon her. On the basis of the complaint, Crime No. 592/2026 was registered against the applicant for offences punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and Section 351(2) of the Bharatiya Nyaya Sanhita, 2023, and investigation was initiated. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and that the allegations are concocted and made only to harass him due to the matrimonial dispute between the parties. It is submitted that nothing has been seized from the applicant and there is no nexus between the alleged act and the applicant. It is further submitted that although the alleged incident is dated 08.07.2026, the FIR was lodged on 13.07.2026 after a delay of five days. The complainant has been 3 residing at her maternal home since 2025, and the applicant had approached the Pariwar Paramarsh Kendra on 27.02.2026 for reconciliation and to bring her back to the matrimonial home. It is further submitted that the mediation proceedings have failed and, during the course of such proceedings, the applicant has already paid an amount of Rs.50,000/- to the complainant. Learned counsel further submits that the applicant has never pronounced triple talaq upon the complainant and has no intention to dissolve the marriage, particularly as the parties have an 11-year-old son. The applicant is a permanent resident having landed property, there is no likelihood of his absconding, and he is ready to cooperate with the investigation and abide by all conditions imposed by this Hon’ble Court. Therefore, the applicant prays for grant of bail. 4. On the other hand, learned State counsel as well as learned counsel for the objector 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 and circumstances of the case, and the fact that the matter was earlier listed before this Court on 31.07.2026 and referred to mediation, which was conducted on 06.08.2026, wherein both parties appeared but the mediation ultimately failed, and the applicant has paid Rs.50,000/- to the complainant, without expressing any opinion on the merits of the case, this Court is inclined to grant anticipatory bail to the applicant. Accordingly, the application is allowed. 4 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Mohammad Asharaf, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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. (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 vaibhav