1 2025:CGHC:21676 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 696 of 2025 1 - Durgesh Dwivedi S/o. Late Shri Chintaram Dwivedi Aged About 56 Years R/o. Brahmanpara, Ghumka, Police Station - Ghumka, Dist. Rajnandgaon (C.G.) 2 - Smt. Bharti Dwivedi W/o. Shri Durgesh Dwivedi Aged About 55 Years R/o. Brahmanpara, Ghumka, Police Station - Ghumka, Dist. Rajnandgaon (C.G.) 3 - Miss Shweta Dwivedi D/o. Shri Durgesh Dwivedi Aged About 25 Years R/o. Brahmanpara, Ghumka, Police Station - Ghumka, Dist. Rajnandgaon (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Ghumka, Dist. Rajnandgaon (C.G.) ... Non-applicant For Applicants : Mr. Pranav Tiwari, Advocate For State : Ms. Monika Tiwari, Panel Lawyer Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/05/2025 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 his arrest in connection with Crime No.34/2025 registered at Police Station – Ghumka, VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.05.13 12:25:01 +0530 2 District- Rajnandgaon (C.G.) for the offences punishable under Sections 108, 3(5) of BNS, 2023. 2. Case of the prosecution, in brief, is that on 22/03/2025, the deceased committed suicide. It was submitted on behalf of the applicants/accused that they are innocent and have not committed any offence. The deceased had an illicit relationship with another man named Sonu Dubey, with whom she frequently communicated over mobile phone. On the date of the incident, she was caught red-handed by her husband while talking to Sonu Dubey on the phone. Upon being committed suicide. The accused have no prior criminal record. Therefore, the confronted and told that the matter would be discussed with her family members, she feared that her illicit relationship would be exposed. Out of this fear, she committed suicide. The accused have no prior criminal record therefore, anticipatory bail application submitted on their behalf deserves to be accepted and they should be granted anticipatory bail. 3. Learned counsel for the applicants submit that the applicants are innocent and they have been falsely implicated in the present case. He would submit that the applicants are the father-in-law, mother-in-law and sister-in-law of the deceased woman, who is alleged to have committed suicide. He also submits that applicants have no role in the incident and applicant No.1 himself informed the police upon discovering the incident and co-operated fully. He further submits that the husband of the deceased had already been arrested in this case 3 and applicant No.2 and 3 were not even present in the house at the time of suicide by the deceased and no material has surfaced indicating any overt act, physical violence or specific instigation by the applicants, 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 to the applicants and submits that there was seven antemortem injuries found on the body of the deceased. 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 and looking to the seriousness of the offence, seven antemortem injuries found on the body of the deceased, conduct of the present applicants, as such, I am not inclined to grant anticipatory bail to the applicants No.1 and 2 (Durgesh Dwivedi and Smt. Bharti Dwivedi) but considering the age of applicant No.3, who is aged about 25 years old, main allegation is not against the present applicant, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to applicant No.3. Shweta Dwivedi. 7. Accordingly, the anticipatory bail application of the applicant–1 Durgesh Dwivedi, Applicant No.2 Smt. Bharti Dwivedi filed under Section 482 of Bhartiya Nagarik Suraksha Sanhita, 2023 4 involved in Crime No.34/2025 registered at Police Station – Ghumka, District- Rajnandgaon (C.G.) for the offences punishable under Sections 108, 3(5) of BNS, is rejected. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant No. 3 – Miss Shweta Dwivedi 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali