1 2025:CGHC:15011 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 433 of 2025 1. Gudiya Mishra, Aged About 29 Years, W/o Lt. Udayraj Mishra At Village Panni Post Panni Tehsil Mauganj Rewa M.P. 2. Priyanka Mishra, Aged About 33 Years, W/o Shri Pushpraj Mishra At Village Panni Post Panni Tehsil Mauganj Rewa M.P. 3. Ashish Kumar Dwivedi, Aged About 30 Years, S/o Shri Vijay Shankar Dwivedi At Ward No. 04, Uparwara Rewa M.P. ... Applicants versus State Of Chhattisgarh Through SHO P/s Gudhiyari Raipur (C.G.) ... Respondent For applicants : Shri Lukesh Kumar Mishra, Advocate appears through VC. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 28/03/2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 34/2025 registered at Police Station Gudhiyari, Raipur (C.G.) for the offence punishable under Section 108 of BNS. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.03.29 18:20:12 +0530 2 2. Case of the prosecution is based on the information received on 8/01/2025, regarding the suicide of Udayraj Mishra by hanging. Upon receiving this information, the Gudhiyari Police Station registered a Merg report and initiated an investigation into the matter. During the investigation, it was revealed that the deceased, Udayraj Mishra, was subjected to harassment and torture by his in-laws, including his mother- in-law, father-in-law, brother-in-law, sister-in-law, and wife. A video recording of this harassment, made by the deceased before his death, was also recovered. In this video, the deceased stated that he was being driven to suicide due to the harassment and torture inflicted upon him by the accused. In connection with this matter, the Gudhiyari Police Station registered Crime No. 34/2025 under Section 108 of the Indian Penal Code. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in the present case. He would submit that applicant no. 01 being wife and applicant no. 2 and 3 being siblings of applicant no. 01 have been falsely implicated by the relatives of the deceased only as an afterthought despite 10 years of marriage. He would submit that on the date of incident i.e. on 08.01.2025, the deceased committed suicide by hanging and during merg investigation it was alleged by the relatives of the deceased that he was harassed at the hands of the applicants whereas there was not a single allegation or complaint during subsistence of their 10 years long marriage, but the actual fact is that applicant no. 01 wife was in fact mal-treated, abused and even beaten-up by the deceased. He would submit that on 03.01.2025, applicant no. 01 after being fed-up of the deceased's abuse left the deceased's company along with her 2 children aged 8 and 4 whereafter the deceased lodged a missing person report at the 3 concerned police station. He would submit that applicant no. 02 and 03 being siblings of applicant no. 01 had been residing at the respective homes apart from the deceased since his marriage with applicant no. 01 and applicant no. 01 herself having left the deceased around a week prior to his demise, ingredients of abetment cannot be said to be attracted against the applicants. He would submit that investigation and trial against them is likely to take time, therefore, he submits that the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, also considering the fact that on 03.01.2025, applicant no. 01/wife after being fed-up of the deceased's abuse left the deceased's company along with her children thereafter the deceased lodged a missing person report at the concerned police station on 6/01/2025 and the deceased committed suicide on 8/01/2025 and the fact that the applicants No.2 and 3 had been residing at the respective homes and were not residing with the deceased at the time of the incident, also considering the fact that investigation and trial are likely to take time, without commenting anything on the merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants namely Gudiya Mishra, Priyanka Mishra & Ashish Kumar Dwivedi, on each of them executing a personal bond and one local surety in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- 4 (a) The applicants 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 them from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them by the said Court till disposal of the trial. (d) The applicants 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) The applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri