1 2026:CGHC:16158 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 469 of 2026 • Santosh Kumar Sharma S/o Shri Rajkumar Sharma Aged About 65 Years R/o Ward No. 08, Shlok Vihar, Sipat Road, Sarkanda, District- Bilaspur, C.G. ... Applicant(s) versus • State of Chhattisgarh Through Station House Officer, Police Station- Sarkanda, District- Bilaspur, C.G. ... Respondent(s) (Cause title is taken from Case Information System) For Applicant(s) : Mr. Rudra Pratap Dubey, Advocate For Respondent(s) : Mr. Shubham Bajpai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08/04/2026 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.176/2026 registered at Police Station – Sarkanda, District: Bilaspur, C.G. for the offence punishable under Sections 296, 115(2), 351(3), 85 of Bhartiya Nyay Sanhita, 2023. 2. Case of the prosecution, in brief, is that the complainant was married to co-accused Ankit Tiwari on 05.02.2022. It is alleged that after marriage the co-accused developed a habit of consuming alcohol and VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2026.04.09 11:20:04 +0530 2 started subjecting the complainant to physical trivial issues. On and mental cruelty 23.01.2026 at about 10:00 p.m., the co-accused allegedly returned home in an intoxicated condition, abused the complainant and her family members, and assaulted her by fists, kicks and an iron curtain rod, besides extending threats to her life. Thereafter, the complainant informed her father telephonically and was taken to Korba on the next day. On the basis of a written complaint lodged at City Kotwali Police Station, Korba, Crime No. 02/2026 was registered under Sections 296, 351(3) and 115(2) of the BNS against co-accused Ankit Tiwari. Subsequently, upon receipt of the said information, a corresponding FIR bearing Crime No. 176/2026 was registered at Police Station- Sarkanda, District-before the Women Bilaspur, and investigation was initiated. During counselling proceedings Counselling Centre, Bilaspur, the present applicant, who is the maternal uncle of the co-accused, was alleged to have instigated the co-accused to demand dowry from the complainant. On the basis of certain video and photographic material produced before the police, the present applicant was also implicated and offence under Section 85 BNS and Section 25 of the Arms Act were added, hence this bail application. Copy of FIR is being herewith as ANNEXURE A/2. 3. Learned counsel for the applicant submitted applicant is innocent and has falsely been implicated in the present case. It is further contended that a matrimonial dispute exists between the parties and during counselling proceedings before the Women Counselling Centre, Bilaspur, the present applicant, who is the maternal uncle of the co-accused, was alleged to have instigated the co-accused to demand dowry from the complainant and also threatened the 3 complainant with a knife. He also submits that applicant is the maternal uncle of the main accused and is residing separately at his own residence and has never been part of the matrimonial household of the complainant, therefore, he submits that the present applicant is aged about 65 years therefore, he is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail to the applicant and submits that applicant has no criminal antecedent. 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, considering the fact that applicant has no criminal antecedent and age of the applicant, who is aged about 65 years old, 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 – Santosh Kumar Sharma, 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) 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. 4 (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 their 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 Vaishali