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2025 DAILYLAW 22873 (CHH)

SUSMITA DHIRHE v. STATE OF CHHATTISGARH

MCRCA/734/2025 · 2025-05-12

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1 2025:CGHC:21999 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 734 of 2025 1 - Susmita Dhirhe D/o Malikram Aged About 25 Years R/o Village - Tandapara, Tahsil And Police Station - Bilaigarh, Dist. Sarangarh-Bilaigarh (C.G.) Applicant(s) versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Of Police Station - Bilaigarh, District Sarangarh-Bilaigarh, Chhattisgarh Respondent(s) For Applicant(s) : Mr. Syed Ishhadil Ali, Advocate For Respondent(s) : Mr. Shailja Shukla, Dy. GA Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/05/2025 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. 78/2025 registered at Police Station – Bilaigarh, District Sarangarh- Bilaigarh (C.G.), for the offence punishable under Sections 296, 191(2), 191(3), 190, 115 (2), 351(2) & 331(6) of the Bhartiya Nagarik Sanhita, 2023. RAHUL JHA Digitally signed by RAHUL JHA Date: 2025.05.13 18:04:38 +0530 2 2. The prosecution's case is that the Complainant lodged a FIR at the police station to the extent that the applicant along with other co-accused after entering into the house of the complainant assaulted him by using hand, Lathi, Danda, and thereby committed the offence. Based on the above report, offence was registered against the applicant. 3. Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in this case. He submits that a FIR has also been filed against the complainant wherein it has been specifically alleged that the Complainant was firing crackers in front of their house and when he was asked to stop, they assaulted them. He further submits the applicant is daughter of Malikram, whose application for regular bail has already been allowed by this Court in MCRC No. 2845/2025 has been allowed by this Court, therefore, this anticipatory bail application may also be allowed. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case; particularly considering the fact that there is a counter FIR against each other; the regular bail application i.e. MCRC No. 2845/2025 of Malikram who is father of the present applicant has already been allowed. Therefore, without commenting anything on merits, I am inclined 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 – Susmita Dhirhe, on executing a 3 personal bond and one surety in the like sum to the satisfaction of the arresting Officer, she shall be released on bail on the following conditions:- (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 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul