Chattisgarh High Court
Kaushal Anant vs State Of Chhattisgarh on 2 December, 2024
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HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 1388 of 2024
Kaushal Anant S/o Jeevan Lal Anant Aged About 22 Years R/o Village
Khariya, Post Baijalpur, Police Station - Bodla, Tahsil And District
Kabirdham (C.G.)
... Applicant
versus
State of Chhattisgarh Through Station House Officer Out Post - Sambalpur,
Police Station - Nawagarh, District - Bemetara (C.G.)
... Non-applicant
Order on Board
02/12/2024 1. Heard Mr. Dharmesh Shrivastava, learned counsel,
appearing for the applicant/husband. Also heard Ms.
Supriya Upasane, learned Government Advocate,
appearing for non-applicant/State.
2. This is the first anticipatory bail application under
Section 482 of the Bhartiya Nagrik Suraksha Sanhita,
2023 (BNSS) filed by the applicant, who is
apprehending his arrest in connection with Crime No.
346/2024 registered at Police Station - Nawagarh,
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Out Post - Sambalpur, District - Bemetara (C.G.) for
the offence punishable under Sections 498-A, 377,
506/34 of the IPC and Section 4 and 5 of the
Chhattisgarh Tonahi Pratadna Nivaran Act, 2005.
3. As per case of the prosecution, the complainant/victim
and the applicant entered into wedlock on
21.05.2020, and thereafter, she started living in her
matrimonial house with the present applicant and his
family members, the victim lodged a report in the
Police Station concerned alleging inter-alia that the
accused persons had harassed her mentally and
physically on account of dowry and also tried to kill her
by way of pouring kerosene oil a well as pressing her
neck. It is further submitted that the applicant along
with his family members used to call the complainant
as Tonahi, moreover, there are allegations of
unnatural sex has also been levelled against the
present applicant/husband of the complainant and it is
further alleged that the complainant has been thrown
out from the matrimonial house. On the basis of the
report of the complainant, the FRI was been
registered against the applicant. Hence, this
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application.
4. Learned counsel for the applicant/husband submits
that the complainant entered into the wedlock with
the applicant/husband int he year 2020, and just
after 3 to 4 years of her marriage, she started
pressurizing the applicant to take the work of dozer
driver with his father and to live in Village, Pendri,
which was refused by the applicant, and thereafter,
from the month of November, 2020 the complainant
is residing in her parental home. It is further
submitted that the applicant along with his family
members and other elders of the society tried to get
back the victim to lead a happily married life but she
refused to live in the village of present applicant to
live in Pendri and thus she has committed desertion
of her husband and in-laws from the month of
November, 2020 without any sufficient cause but only
due to aforesaid reason, thus, it is clear that no
offence has been committed by the present
applciant. Therefore, he prays for grant of
anticipatory bail to the present applicant.
5. The learned counsel appearing for the
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respondent/State opposes the prayer for grant of
anticipatory bail to the applicant and submits that the accused person/husband had harassed the complainant mentally and physically on account of demand of dowry, further the applicant and his family members have tried to kill her by way of pouring kerosene oil as well as by pressing her neck, further they were starting calling the complainant as a Tonahi.
7. I have heard learned counsel for the parties and perused the material available on record.
8. Considering the fact and circumstances of the case and further the dispute between the parties, which show that it is a matrimonial dispute, this Court seems it proper and necessary, in the interest of justice an effort should be made through amicably settle the matter between the parties by way of mediation.
9. In view of above, it is directed that the applicant/husband shall deposit Rs. 50,000/- (Rs. Fifty Thousands) with the Mediation Centre of this Court within one week from today and the said 5 amount shall be paid to the complainant/wife on her appearance before the Mediation Center. It is made clear that the amount so paid to the complainant/wife of the applicant shall be adjustable towards final settlement arrived between the parties, if any.
10. The matter is remitted to the Mediation Centre for appearance of the parties on 16th of December, 2024 with a direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously.
11. Considering the facts and circumstances of the case, submissions of learned counsel for the parties and nature of dispute, this Court is of the view that the applicant - Kaushal Anant be granted ad-interim anticipatory bail till the next date of listing, with respect to impugned FIR bearing Crime No. 346/2024 registered at Police Station - Nawagarh, Out Post - Sambalpur, District - Bemetara (C.G.) for the offence punishable under Sections 498-A, 377, 506/34 of the IPC and Section 4 and 5 of the Chhattisgarh Tonahi Pratadna Nivaran Act, 2005, and it is directed that in the event of arrest of the 6 applicant in connection with the aforesaid offence, he shall be released on bail on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer. The applicant shall also abide by the following conditions:-
i. That he shall make himself available for interrogation before the investigating Officer as and when required.
ii. That 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/her from disclosing such facts to the Court or any Police Officer.
iii. That he shall not act in any manner which will be prejudicial to fair and expeditious trial; and iv. That he shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial;
v. That in case of change of address he will inform new address to investigating agency.
12. It is made clear that in case the aforesaid amount is 7 not deposited within the stipulated period, the ad- interim anticipatory bail granted as above shall automatically be vacated and this bail application shall stand dismissed without further reference to any Bench of this Court.
13. The applicant is directed to produce a copy of receipt before the Superintendent of Police concerned regarding payment of the said amount to the Mediation Centre of this Court in pursuance of this Court's order and then only this order shall be given into effect.
14. List this case along with the report of Mediation Centre on 09.01.2025.
15. Certified copy as per rules.
Sd/- Sd/-
(Ramesh Sinha)
Chief Justice
Rajshekhar