1 2025:CGHC:18583 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 570 of 2025 1 - Bhuneshwari Sharma W/o Pawan Sharma Aged About 55 Years R/o Chherkapur, Thana- Palari, Distt- Baloda Bazar-Bhatapara (C.G.) ... Applicant versus 1 - The State Of Chhattisgarh Through Sho, Police Station- Palari, Distt- Balodabazar- Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Samit Singh, Advocate For State : Ms. Monika Thakur, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 24/04/2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 125/2025 registered at Police Station – Palari, District – Baloda Bazar (C.G.) for the offence punishable under Sections 108 of BNS. 2. The prosecution story, in brief, is that the deceased namely Divya Sharma has committed suicide by hanging on 25.01.2025, after recording of statement of family members of VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.04.26 11:18:48 +0530 2 deceased and alleged she is abets to the deceased. Ultimately, FIR was lodged by the complainant. On basis of above facts, an offence has been registered against the applicant/accused under Section 108 of BNS. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted by learned counsel for the applicant is that the applicant is 55 years old grandmother of the deceased and deceased was married with his son namely Ramashankar Sharma prayer to 14 years back and their wedlock two children is born and she was falsely implicated by the prosecution in the present case though she has not committed any abets to the deceased. He also submits that the deceased was suffering from headache, on that mental pressure she committed suicide and as per FIR no any allegation to soon before death the present applicant has abets to the deceased and prosecution agency has not collected any direct of indirect evidence to show the ingredients of the aforesaid offence and Therefore, they prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and 3 gravity of allegation leveled against the applicant, and from the perusal of the case it transpires that the applicant is 55 years old lady and as per FIR no any allegation to soon before death the present applicant has abets to the deceased, there is no direct and indirect evidence to show the ingredients of the offence made out against the applicant, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Bhuneshwari Sharma on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) The Applicant 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) The Applicant shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicant 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 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)The Applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali