Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21437
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 683 of 2025 1 - Prashant Kumar Mishra S/o Anil Mishra Aged About 34 Years R/o Plot No.-03, Ward-09, Purani Basti Kohka, Shitala Colony, Near Krishna Grand City, Supela Bhilai, District Durg (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Police Station Supela, District Durg (C.G.)
... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate For State : Mr. Hariom Rai, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice
Order on Board 08/05/2025
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.434/2025 registered at Police Station – Supela District- Durg (C.G.) for the offences punishable under Sections 108 of BNS, 2023.
2. Case of the prosecution, in brief, is that the prosecution case- The marriage was solemnized between the applicant and deceased Roshani Mishra with Hindu Rites and rituals on VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.12 11:40:54 +0530
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12.07.2021. One daughter aged about 17 months is blessed from their conjugal rights. The applicant intimated Police Station Supela that his wife committed suicide due to hanging on 18.09.2024. A marg was registered; after marg investigation an FIR was registered after more than 7 months delayed u/s 108 of the BNS, and found deceased was died due to domestic disputes with the applicant.
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Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. He would submit that there is no injury was found on the body of the deceased and there is no dying declaration of the deceased was found or recorded or narrated by any witness during investigation, investigation and trial are likely to take time, therefore, he submits that the present applicant is 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, gravity of offence, also considering the fact that there is no injury was found on the body of the deceased and there is no dying declaration of the deceased was found or recorded or narrated by any witness during investigation, investigation and trial are
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7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Prashant Kumar Mishra on executing a personal bond and 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 her 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 her 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) The applicant shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha)
Chief Justice vaishali