1 2025:CGHC:23886 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 848 of 2025 Mukesh Kumar Kandra S/o Shri Dukalha Kandra Aged About 23 Years R/o Ward No. 11 Rampur Chowki, Giraud, Distt.- Balodabazar- Bhatapara (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station- Kasdol, Distt.- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 13/06/2025 1. The applicant has preferred this application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of anticipatory bail, apprehending his arrest in connection with Crime No.222/2025, registered at Police Station Kasdol, Distt.-Balodabazar - Bhatapara (C.G.) for alleged commission of offence punishable under Sections 108, 115 (2), 296, 3(5), 333, 351(3) of BNS 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.16 17:55:59 +0530 2 2. Case of the prosecution, in brief, is that that the complainant Kusum Sahu W/o. Shri Kaushal Prasad, R/o. Village Katagi lodged the written report with the averment that on 31.03.2025 at about 3.30 pm co- accused Vimal Dewangan, Pankaj Dewangan, Sukhram Dewangan entered in her house and abused her father -in-law, beaten by hand and fist so Chandrika Sahu has consumed the poison, therefore the accused persons ran away, injured was taken to CHC Kasdol where during treatment, he died, therefore the offences mentioned above were registered and the co-accused persons were arrested and on the basis of their memorandum, name of the applicant is roped and he was declared absconded. 3. Learned counsel for the applicant submits that the applicant was falsely implicated in the present case on the basis of memorandum statement made by the co-accused persons, though his name is not mentioned in the written report as well as statement of the complainant and after some time of the incident, when the supplementary statement is recorded, the name of the applicant is roped in the alleged commission of offence. He would submit that the applicant is not involved in the alleged commission of offence but due to village rivalry his name has been added in the array of the accused though if the FIR as well as statement recorded during course of investigation is considered, the offence of abetment to commit suicide is not made out against the applicant. He would further submit that the co-accused Yogesh Vimal Dewangan being a Sarpanch of Gram Panchayat Katagi has prevented the complainant and his family member to not encroach the government land, therefore the dispute has been taken place between them, the applicant did not have any concern with the dispute 3 between the Yogesh Vimal Dewangan and the deceased family. He would submit that the witness have not stated any active role of the applicant in the alleged offence and there is no allegation that the applicant has participated in the alleged marpeet or he has abetted the decease to commit suicide. He would submit that the applicant is permanent resident of address shown in the cause title and there is no likelihood of his absconding or tampering with the prosecution witnesses, therefore he prays to enlarge the applicant on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. He would submit that on the date of incident five accused persons including the present applicant entered the house of complainant and committed marpeet with the victim/deceased in front of ladies and other family members and feeling humiliated, the victim/deceased consumed poison in front of them, immediately thereafter the accused persons alongwith applicant fled away from the spot. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, also considering the fact that on the date of incident, accused persons including the present applicant entered the house of complainant and committed marpeet with the victim/deceased in front of ladies and other family members and feeling humiliated, the victim/deceased consumed poison in front of them, immediately thereafter the accused persons 4 alongwith applicant fled away from the spot and also considering the fact that investigation is still going on, I am not inclined to grant anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application of the applicant - Mukesh Kumar Kandra, involved in Crime No.222/2025, registered at Police Station Kasdol, Distt.-Balodabazar - Bhatapara (C.G.) for alleged commission of offence punishable under Sections 108, 115 (2), 296, 3(5), 333, 351(3) of BNS 2023 is rejected. Sd/-Sd S Sd/- (Ramesh Sinha) Chief Justice gouri