Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:12083
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 346 of 2025 Kanishka Sahu D/o Shri Raj Kumar Sahu Aged About 18 Years R/o Ramanmandir Ward Fafadih Chuna Bhatti Near Neelam Kirana Store Raipur C.G.
... Applicant(s) versus State Of Chhattisgarh Through P.S. Arjuni, Distt. Dhamtari C.G.
... Respondent(s) For Applicant(s) : Mr. Vikas Kumar Pandey, Advocate For Respondent(s) : Ms. Smriti Shrivastava, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 11.03.2025
1. This first anticipatory bail application under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 296/2024 registered at Police Station – Arjuni, Distt. Dhamtari C.G. for the offence punishable under Sections 108, 3(5) of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.03.11 17:10:31 +0530
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2. As per the prosecution case, complainant Khubchand Sahu informed to P.S. Arjuni that his Nephew Linesh Kumar hanging through Gamcha at his house. Upon receiving such information P.S. Arjunu lodged Merg no. 92/2024 and during the course of investigation this fact reveled that present applicant along with other family member pressurized deceased to convert his religion Hindu to Isai and due to this, he hanged himself. Thereafter FIR has been registered against present applicant along with other co accused persons.
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Learned counsel for the applicant submits that the applicant is innocent and he has no connection with the alleged crime whatsoever. Present applicant is permanent resident of address mentioned above and she herself is a Hindu by religion therefore why would she pressurize deceased to convert in ISAI religion. Further, the applicant is a lady aged about 18 years and is a student and if she is arrested than her entire future will be effected. Lastly, the co-accused persons namely Karuna Sahu, Gauri Sahu, Kiran Sahu and Rajkumar Sahu have already been granted bail by the learned trial Court vide order dated 06.02.2025. In view of the Doctrine of Parity applicant deserves to be extended benefit of anticipatory bail also in the event of his arrest.
4. On the other hand, learned State counsel, opposes the prayer for grant of anticipatory bail to the applicant, but could not dispute the fact that co-accused persons have already been granted bail by the learned trial Court and the case of the present applicant is similar to that of the co-accsued.
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5. I have heard learned counsel for the parties and perused all of the documents taken on record.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, nature of dispute and material available in case diary, and further the fact that co-accused persons namely Karuna Sahu, Gauri Sahu, Kiran Sahu and Rajkumar Sahu have already been granted bail by the learned trial Court vide order dated 06.02.2025 and the case of the present applicant is similar to that of the co-accused, as such, without further commenting anything on merits, this Court deems it fit to grant benefit of anticipatory bail to the applicant.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Kanishka Sahu, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) She should 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) She should not act in any manner which will be prejudicial to fair and expeditious trial. (c) She should appear before the trial Court on each and every date given to him by the said Court till disposal of the trial.
4 (d) The Applicant and the sureties shall submit a copy of their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e) She should not involve themselves in any offence of similar nature in future.
Sd/- (Ramesh Sinha) CHIEF JUSTICE Manpreet