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2025 DAILYLAW 24520 (CHH)

MANISHA DWIVEDI v. STATE OF CHHATTISGARH

MCRCA/789/2025 · 2025-06-09

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1 2025:CGHC:22904 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 789 of 2025 1 - Manisha Dwivedi D/o Late Shri Bhupesh Kumar Dwivedi Aged About 22 Years R/o House No. 348, Pump House Korba, Teh And Dist.- Korba (C.G.) 2 - Yogesh Nimbalkar S/o Shri Ishwar Rao Nimbalkar Aged About 34 Years R/o A-1/13, H P T, Irrigation Colony, Ward No. 25, Teh And Dist.- Korba (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Police Station Civil Line Rampur Distt. Korba (C.G.) ... Respondent For Applicants : Mr. Praghalbh Sharma, Advocate For Respondent/State : Mr. Malay Jain, Panel Lawyer For Objector : Mr. Aakash Aahuja, Advocate Hon’ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 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 their arrest in connection with Crime No.292/2025 registered at Police Station - Civil Line Rampur, District-Korba (C.G.) for the offences punishable under Sections 108 & 3(5) of BNS, 2023. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.12 11:09:06 +0530 2 2. As per prosecution, on 24.04.2025 a complaint was lodged by one Mukesh Sahu, that "Shubham Sahu" has hanged himself in his residence and died. On the said information a Merg- intimation was recorded and Panchnama was made, and during investigation, one Mobile Phone was recovered from the deceased's pocket in which a suicide-note (typed) was found, wherein it was stated that the co-accused, Ashish Kadam and the applicants were harassing him, and he had no option but to committee suicide. The investigating authority took screenshot of the mobile phone, and on basis of same, FIR u/S 108 3(5) of BNS has been registered. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case. He would submit that the applicants and deceased were working in the Pet Shop of the co-accused Ashish kadam and He also submits that there is no cogent reason and on the basis of a suicide note which was found in mobile phone of the deceased which to the information of the applicants was typed and deleted, they have been made accused in the present case and trial are likely to take time, therefore the present applicants are entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel and learned counsel for the Objector opposes the prayer for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 3 6. Considering the facts & circumstances of the case, gravity of offence and looking to the fact that only on the basis of a suicide note which was found in mobile phone of the deceased, investigation and trial are likely to take time, therefore, I am inclined to grant anticipatory bail to the present applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Manisha Dwivedi and Yogesh Nimbalkar 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 applicants 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 applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The applicants 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 applicants and the surety shall submit a copy of their 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 applicants shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice vaishali