Citation : 2026 Latest Caselaw 345 Chatt
Judgement Date : 11 March, 2026
1
2026:CGHC:11702
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 376 of 2026
Aman Rai S/o Rajendra Ratre, Aged About 28 Years R/o House No. 166,
Shankar Nagar, Ward No. 14, Navagarh, District Bemetara C.G.
... Applicant
versus
State Of Chhattisgarh Through Officer-In-Charge Of Mahila Thana, District
Durg C.G. ... Respondent
VAIBHAV SINGH
11:27:11 +0530 For Applicant : Mr. Shashi Bhusan Tiwari, Advocate.
For Non-applicant/State : Mr. Shailendra Sharma, Panel Lawyer.
Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board
11.03.2026
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.09/2026
registered at Police Station - Mahila Thana, District - Durg (C.G.) for
the offences punishable under Sections 85 & 3(5) of the BNS.
2. The prosecution story in brief is that, the present case has been
registered on the basis of a complaint lodged by Smt. Heena Rai, who
is the wife of the applicant. It is alleged that the complainant had a love
marriage with the applicant which was solemnized on 07.07.2023.
According to the complainant, after about one month of the marriage
she came to know that the applicant was having illicit relations with
another woman, and when she objected to the same, the applicant
along with his family members, namely his parents and brother-in-law,
started harassing her physically and mentally for dowry. It is further
alleged that they demanded gold and silver jewellery and an amount of
Rs.2,10,00,000/- and threatened her that she would be allowed to
reside in the matrimonial home only after bringing the said amount. The
complainant has further alleged that on 12.12.2025 the applicant left
her at her parental home and told her that she could return to the
matrimonial house only after fulfilling the said demand. On the basis of
these allegations, the present FIR has been registered and the
applicant apprehends his arrest in the said crime.
3. Learned counsel for the applicant submits that the applicant is innocent
and has been falsely implicated in the aforesaid case. It is further
submitted that due to matrimonial discord and personal differences
between the husband and wife. The allegations made in the FIR are
baseless, vague, general and omnibus in nature, without specifying any
particular date, time, place or specific overt act attributable to the
applicant, and therefore cannot form the basis for his arrest. It is further
submitted that the dispute arises purely out of matrimonial differences
and is essentially civil in nature, wherein allegations are often
exaggerated. No recovery is required to be made from the applicant
and the case is based mainly on documentary and oral evidence
already in possession of the prosecution, hence custodial interrogation
of the applicant is not necessary. It is also submitted that the parents
and brother of the applicant, who are co-accused in the same FIR,
have already been granted anticipatory bail by the learned Sessions
Court vide order dated 10.02.2026 and the case of the present
applicant stands on identical footing. The applicant has no criminal
antecedents, is a law-abiding citizen and there is no likelihood of
repetition of the alleged offence. He undertakes to cooperate with the
investigation and to appear before the Investigating Officer as and
when required. The applicant is working as a compounder in a private
hospital and enjoys a good reputation in the locality; if he is detained in
jail, his entire family would suffer irreparable hardship. There is no
possibility of the applicant absconding or tampering with the
prosecution evidence. The applicant is also ready and willing to abide
by any condition that may be imposed by this Hon'ble Court while
granting bail.
4. On the other hand, learned State counsel opposes the anticipatory bail
application.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the facts and circumstances of the case, the submissions
of the learned counsel for the parties, the nature of the dispute, and the
material available in the case diary, this Court, without expressing any
opinion on the merits, 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 - Aman Rai, 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:-
(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
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