Ramanujganj (C.G.) v. State Of Chhattisgarh Through Station House Officer, Police Of
Case Details
1 2025:CGHC:48586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6403 of 2025 VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.23 10:23:49 +0530 1 - Harishankar Tiwari S/o Banshdhari Tiwari Aged About 76 Years R/o Shardapur, Police Station Trikunda, District Balrampur-Ramanujganj (C.G.)
Legal Reasoning
2 - Smt. Taravati Tiwari W/o Harishankar Tiwari Aged About 67 Years R/o Shardapur, Police Station Trikunda, District Balrampur-Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Of Police Station Trikunda, District Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicants : Mr. Anil Kumar Gulati, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 22.09.2025 1. This the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 43/2025 registered at Police Station – Trikunda, District - Balrampur- Ramanujganj (C.G.) for the offences punishable under Sections 296, 351(2),115(2),118(1),118(2),127(3),82(1),85 & 287 read with Section 2 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per prosecution, a complaint lodged by the complainant Ritu Tiwari alleging in it that her marriage was solemnized in the year 2016 along with son of applicants and they are having two children. It is alleged that the applicants soon after the marriage, ill-treated the complainant on the name of demand of dowry and she lodged the report at Police Station Raghunathpur and the matter was compromised and thereafter she used to resides along with husband. It is further alleged that in the year 2021, her husband without obtaining her consent used to resides along with one Shradha Mishra and they are having a child aged about one and half year. On 03-07-2025 at about 11.00 PM, the applicants and son of applicants assaulted the complainant with hand and fist and ill-treated her on account of which, she received severe injuries. They also burnt her and they isolated in a room from 03-07- 2025 to 12-07-2025 and on 12-07-2025, she informed to her parents and thereafter the FIR was lodged against the applicants and the applicants have been arrested for the commission of alleged offences. 3. Learned counsel for the applicants submits that they are innocent and have been falsely implicated in the present case. They have not acted in the manner as alleged by the prosecution. It is pertinent to mention that the applicants are the father-in-law and mother-in-law of the complainant and are old-aged persons, falsely implicated in this concocted story narrated by the complainant. Copies of their Aadhaar Cards, filed collectively as Annexure A/3, reflect that Applicant No.1 was born on 01.01.1955 and is about 70 years and 7 months old, while Applicant No.2 was born on 01.01.1963 and is about 62 years 3 and 7 months old. Prior to lodging of the present FIR by the complainant, her husband Akash Tiwari (son of the applicants) had already submitted a complaint to Police Station Trikunda on 13.07.2025 alleging that the complainant used to talk to other boys on her mobile phone, which led to quarrels between them. He specifically reported that on 02.07.2025, in the intervening night, the complainant was found talking to an unknown person, and when questioned by him, she quarreled again. However, on this complaint, the police did not register an offence and only issued a Non-Cognizable Report (NCR) dated 13.07.2025, which is filed as Annexure A for kind perusal. Despite this, the same police station subsequently registered an offence against the present applicants without verifying the true facts. The applicants have been in custody since 19.07.2025, and as the trial will take considerable time to conclude, their continued detention is unjustified. Furthermore, Applicant No.1 is suffering from heart disease, and both applicants suffer from blood pressure-related ailments, requiring regular medical care. The applicants reserve their right to raise additional grounds at the time of hearing. They are permanent residents of the address mentioned in the cause title, with no likelihood of absconding, and are ready to furnish adequate surety and abide by all directions and conditions imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of regular bail to the present applicants. 4. 5. On the other hand, the learned State counsel opposed the bail application of the present applicants. I have heard learned counsel for the parties and perused the case 4 diary. 6. Taking into consideration the submissions made by learned counsel for the parties, the nature and gravity of the offence leveled against the applicants, the fact that the applicants have no previous antecedents, and also considering that the charge-sheet has been filed and they have been in jail since 19.07.2025, and as the conclusion of the trial is likely to take some time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants – Harishankar Tiwari & Smt. Taravati Tiwari involved in Crime No. 43/2025 registered at Police Station – Trikunda, District - Balrampur-Ramanujganj (C.G.) for the offences punishable under Sections 296, 351(2),115(2),118(1),118(2),127(3),82(1),85 & 287 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two local sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuse the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya 5 Sanhita. (iv) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav