Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37343
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1149 of 2025 Vishwanath Yadav S/o Hetram Yadav, Aged About 37 Years (Aadhar No. 6015 4112 5013), Present R/o Village- Bhoopdeopur, Tahsil- Kharsiya, District Raigarh (Chhattisgarh)
... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station- Gharghoda, District Raigarh (Chhattisgarh)
... Respondent(s) For Applicant(s) : Mr. Hari Agrawal, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 30/07/2025
1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 152/2025 registered at Police Station –Gharghoda, District- MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.07.31 18:05:11 +0530
2 Raigarh (C.G.) for the offence punishable under Sections 69, 108 & 3(5) of BNS, 2023.
2. As per the prosecution story in brief is that between the night of 25.05.2025 at 23:00 hrs and in the morning of 26.05.2025 at 9:00 am, the deceased committed suicide by hanging in her rented house. During the course of Merg inquiry, it came to light that since the year 2023 the deceased was having a love affair with applicant herein. In the year 2023, when this love affair came into the knowledge of the wife of applicant namely Ritu Yadav, a quarrel occurred between the deceased and the wife of applicant herein, owing to which, the wife of applicant herein filed an FIR against the deceased being Crime No. 125/2023 in P.S. Gharghoda for offence punishable under sections 294, 506, 323, 324 of IPC. Further, in case, the charge sheet was filed and criminal proceeding were pending. The applicant herein filed a divorce petition against his wife before the competent court and since then the applicant is residing separately from his wife. The applicant and deceased continued their relationship and by way of Sonography report dated 07.01.2025, it came to light that the deceased was carrying pregnancy of 6 weeks.
3. The learned counsel for the applicant argued that the applicant is completely innocent and has been falsely implicated in the present case. The counsel presented a letter written by Medical Officer, Community Health Center, Gharghoda to the Thana Incharge, Gharghoda, Raigarh wherein it is clearly stated that
3 there is no any evidence of any type of pregnancy as per forensic report.
4. On the other hand, learned State counsel opposed the prayer for grant of anticipatory bail and submits that this anticipatory bail application is liable to be rejected.
5. I have heard learned counsel for the parties and perused the material available on record.
6. Considering the facts & circumstances of the case, submissions of
learned counsel for the parties, nature of dispute and material available in case diary, and perusing the document presented by the counsel for the applicant, 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 – Vishwanath Yadav, 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 him from disclosing such fact to the Court. (b) The applicant shall not act in any manner which will be prejudicial to fair and expeditious
4 trial. (c) The applicant shall appear before the trial Court on each and every date given to him by the said Court till disposal of the trial. (d) The applicant 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 applicant shall not involve themselves in any offence of similar nature in future. Sd/-
(Ramesh Sinha)
Chief Justice Madhurima