1 2025:CGHC:2029 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 46 of 2025 Hemlata Choudhary W/o Jeevan Rao Aged About 49 Years R/o Block No. 9 Quarter No. 144, Dalit Complex Housing Board Kailash Nagar District Durg Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Sho P.S. Jamul District Durg Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Aman Tamrakar, Advocate. For Non-Applicant(s) : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.01.2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No.333/2024 registered at Police Station KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 Jamul District Durg (C.G.) for the offence punishable under Section 306/34 of the IPC. 2. Prosecution case in brief is that the there was love affair between deceased and son of applicant and when the mother of deceased came to know about the said fact, she became angry and on 31.03.2023, the deceased left her house and came to applicant’s house, where on 22.04.2023, the deceased solemnized marriage with son of applicant, thereafter some dispute arose between husband & wife, due to which, she committed suicide, thereafter, the offence has been registered against the applicant and other co-accused persons. 3. Learned counsel for the applicant would submit that the is innocent and has been falsely implicated in the present case. He further submits that applicant is lady aged about 49 years, she happens to be mother-in-law of the deceased, further no suicidal note has been left behind by the deceased, which shows that there is no involvement of applicant in the present case. He also submits that the there were some dispute between co-accused/husband and deceased/wife, due to which, she committed suicide and without any evidence, the case has been registered against the applicant, further there is no eye witness of the case, further only allegation against the applicant that she gave her shelter to live when she left her house and also she was 3 the one made the arrangements of their marriage, hence he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that after marriage the applicant alongwith other co-accused persons have physically and mentally tortured the deceased, due to which, she committed suicide. 5. I have heard learned counsel for the parties and perused the documents appended with it. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and material available in case diary, the fact that though the allegation against the applicant that she alongwith other co-accused persons have tortured the deceased, due to which, she committed suicide, but there was no suicidal note left behind by the deceased and applicant happens to be the mother-in-law of the deceased, whereas the co-accused/husband has already been confined in jail, as such, without further commenting anything on merits, this Court find it appropriate to grant 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 - Hemlata Choudhary, 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:- 4 (a) She 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) She shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) She 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 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 shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Kunal