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2025 DAILYLAW 11452 (CHH)

SURENDRA BAHADUR DAHARIYA v. STATE OF CHHATTISGARH

MCRCA/312/2025 · 2025-03-05

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Judgment text

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1 2025:CGHC:10852 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 312 of 2025 Surendra Bahadur Dahariya S/o Dhan Singh Dahariya Aged About 29 Years R/o Devgoan, Thana Masturi District Bilaspur (C.G) ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Masturi, District - Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Gagan Tiwari, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.03.2025 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. 106/2025 registered at Police Station – Masturi, District – Bilaspur (C.G.) for the offences punishable under Section 80 of the Bhartiya Nyaya Sanhita, 2023. 2. The prosecution's story, in brief, is that the marriage between the applicant, Surendra Dahriya, and the deceased, Kiran Dahriya, took ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.06 16:46:59 +0530 2 place on February 13, 2022. The couple had a child and were living a happy life together. However, on November 26, 2024, a dispute arose when the deceased asked her husband to obtain an Aadhaar card for their child. The applicant asked for the child's birth certificate and the deceased's Aadhaar card, which led to a quarrel. Allegedly, the deceased was fed up with her husband's constant harassment, demands for dowry, and physical abuse. She went to her room, closed the door, and committed suicide by hanging herself from the ceiling fan with her sarree. On February 13, 2025, at 19:57, Ramayan Prasad Sahu, a dresser at the Community Health Centre (CHC) in Masturi, filed a complaint, leading to the registration of an FIR on the same day. 3. Learned counsel for the applicant submitted that the present applicant is an innocent person who has been falsely implicated in the present case. He further submitted that no suicide note was left behind by the deceased to suggest that the present applicant was involved in the alleged crime. Additionally, he stated that there was a dispute between the deceased and the applicant regarding the creation of their child's Aadhaar card, which allegedly led to the deceased's decision to commit suicide. Therefore, he prayed for the grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel appearing for the non - applicant/State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, that no suicide note was left behind by the deceased to suggest that the present applicant was involved in the alleged crime. Therefore, without further commenting on 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 – Surendra Bahadur Dahariya, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, 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/- Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek