1 2025:CGHC:43116 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1284 of 2025 Anjali Kewat W/o Saheb Lal Kewat Aged About 23 Years R/o Village Turkindih, Presently Residing At Village Kansda, P.S. Sheorinarayan, District Janjgir- Champa (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Post- Giraudhpuri, Police Station- Gidhauri, District Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Shri Atul Kumar Kesharwani, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 25/08/2025 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 her arrest in connection with Crime No.160/2025 registered at Police Station – Police Post- Giraudhpuri, Police Station- GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.26 16:39:37 +0530 2 Gidhauri, District Balodabazar-Bhatapara (C.G.) for the offences punishable under Sections 103(1) & 109(1) of BNS, 2023. 2. Case of the prosecution, in brief, is that the husband of the Applicant lodged an FIR on 13.07.2025 at P.S. Gidhauri, and it was alleged that the Applicant allegedly consumed borax (suhaga) powder and, also administered the poison to her two minor children, over petty fights between them. Subsequently, all three of them i.e. the Applicant and her children were immediately taken to the hospital at Kasdol and thereafter to the District Hospital, Balodabazar, for treatment. Tragically, the Applicant's younger son, Samuel Kewat, died during the course of the treatment. 3. It has been argued by learned counsel for the applicant that the applicant is the wife of the complainant and it is stated that a matrimonial dispute was going on between the applicant and her husband and from the wedlock two children were born, one was three months old and other was four years old. It is stated that the applicant because of the harassment of the complainant had consumed some poison along with her two children but the child who was three months old died whereas the applicant was treated and she was saved along with the other child. He would submit that the applicant has herself lodged a prior FIR bearing Crime No. 152/2025 under Section 85 of the Bhartiya Nyaya Sanhita (corresponding to Section 498A of IPC) on 06.07.2025 at Police Station Gidhauri against her husband for subjecting her to cruelty, and the present FIR (Crime No. 160/2025) appears to be a retaliatory counterblast, motivated by malice and the applicant is a woman and a victim of domestic violence, who has been 3 subjected to continuous cruelty and harassment by her husband, leading to severe mental trauma, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail. 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, considering the fact that the applicant is the wife of the complainant and a matrimonial dispute was going on between the applicant and her husband and from the wedlock two children were born, one was three months old and other was four years old and because of the harassment of the complainant, applicant had consumed some poison along with her two children but the child who was three months old died whereas the applicant was treated and she was saved along with the other child, considering the fact, without further commenting anything on merits, this Court finds 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 – Anjali Kewat, on executing a 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) 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 4 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 trial. (c) The applicant 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) The applicant shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice gouri