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2026:CGHC:22668

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

MCRCA No. 636 of 2026

Vivek Kesharwani S/o Ramji Resharwani, Aged About 30 Years R/o

Chhote Mathpara Ward No. 9/12, Sarangarh, District -Sarangarh,

Bilaigarh, Chhattisgarh,

... Applicant

versus

State of Chhattisgarh Through Station House OfÏcer, Police Station

Sarangarh, District Sarangarh, Bilaigarh, C.G.

... Non-applicant

For Applicant : Mr. Aman Tamboli, Advocate

For Non-applicant/State : Ms. Sameeksha Gupta, Panel Lawyer.

For Objector/Complainant : Mr. Devendra Pratap Singh, Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice

Order On Board

13/05/2026

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. 159/2026 registered at Police Station – Sarangarh, District

Sarangarh-Bilaigarh, (C.G.) for the offences punishable under

Sections 115(2), 351(3), and 85 of the Bharatiya Nyaya Sanhita,

2023.

RAHUL

DEWANGAN

Digitally

signed by

RAHUL

DEWANGAN

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2. The prosecution's story, in brief, is that the complainant, who is the

wife of the present applicant, lodged a report before the police

alleging that she was subjected to cruelty by the applicant on the

pretext of demand of dowry. It is further alleged that the applicant

was found in an objectionable position with another girl on

24.02.2026 and that he was having alleged affairs with other

women. It is also alleged that on 07.04.2026, the complainant was

assaulted by the applicant when she objected to his conduct and

started recording the incident on her mobile phone, whereupon the

applicant allegedly snatched her mobile handset and broke it. On

the basis of the aforesaid allegations, FIR has been registered

against the applicant and he is apprehending his arrest in the said

crime. Hence, the present application for grant of anticipatory bail.

3. Learned counsel for the applicant submits that the applicant is

innocent and has been falsely implicated in the present case for

oblique and ulterior motives and that no offence as alleged by the

prosecution is made out against him. It is further submitted that the

applicant is a law-abiding and peace-loving citizen having no

criminal antecedents whatsoever. He further submits that the

complainant is a disgruntled wife who is not willing to reside in the

matrimonial home and is not performing her marital obligations and

since the inception of marriage she has been creating unnecessary

disputes over trivial issues, thereby making the applicant’s life

miserable. It is also submitted that the applicant is the sole bread

earner of his family, his parents are senior citizens suffering from

health issues, and in the event of his arrest the entire family would

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face severe hardship and irreparable loss. It is further submitted

that the marriage between the parties was solemnized on

04.02.2024 as per Hindu rites and rituals, and neither the applicant

nor his family members ever demanded any dowry from the

complainant or her family, who are in fact running a small fruit shop

in Bilaspur near Brihaspati Market. He also submits that after the

unfortunate demise of the applicant’s elder brother, the family has

been under severe financial and emotional distress, and the parents

of the applicant have been frequently unwell. It is also contended

that the complainant is well aware of the difÏcult circumstances of

the applicant’s family, yet she is insisting on living separately due to

personal differences with the sister-in-law, which has led to frequent

disputes in the family. He further submits that this matter was

previously listed before this Hon’ble Court on 29.04.2026, and was

referred for mediation, which took place on 08.05.2026. Although

both parties appeared, the mediation ultimately failed, therefore, he

prays for grant of anticipatory bail to the present applicant.

4. On the other hand, learned State counsel as well as learned counsel

for the objector has opposed the prayer for gra