1 2025:CGHC:45368 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1309 of 2025 Saroj Dubey D/o Shri J. L. Sharma Aged About 52 Years R/o Munshi Ismail Ward Bhatapara, Tah. And P.S. Bhatapara City, District- Balodabazar- Bhatapara (C.G.) --- Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Bhatapara City, District- Balodabazar- Bhatapara (C.G.) --- Respondent MCRCA No. 1329 of 2025 Neha Tiwari W/o. Shivdutt Tiwari, Aged About 39 Years Occupation- Teacher, R/o House No. 115, Ward No. 06, Village- Bhurkoni, Mahasamund, District Mahasamund (C.G.) Present Address- Gobra, Nawapara, Tehsil Nawapara, District Raipur (C.G.) ---Applicant Versus State Of Chhattisgarh Through Station House Officer- Police Station- Bhatapara City, District Balodabazar- Bhatapara (C.G.) --- Respondent GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.06 18:20:02 +0530 2 For Applicants : Shri Ravindra Sharma and Shri Rahul Agrawal, Advocates. For Respondent/State : Ms. Monika Thakur, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 04/09/2025 1. Both these bail anticipatory bail applications are decided by this common order are they are arising out of the same crime number. 2. These first anticipatory bail applications under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 have been filed by the applicants, who are apprehending their arrest in connection with Crime No.449/2025 registered at Police Station Bhatapara City, District Baloda Bazar-Bhatapara (C.G.) for the offences punishable under Sections 108, 3(5) of B.N.S. 3. Case of the prosecution, in brief, is that the deceased Smt. Bharti Dubey @ Neetu Dubey was the legally wedded wife of the co- accused/Shishir Dubey, that the co-accused had extra marital affair with applicant Saroj Dubey, since last 06 years, thereafter he has started living with another woman applicant Neha Tiwari as a kept, because of the said bad habit the younger-sister-in-law of the deceased (Devrani) namely Gayatri Dubey mocked and made taunt to her and because of that there was continuous quarrel between the deceased and her husband Shishir Dubey @Deepak Dubey as a result she has committed suicide by 3 mentioning the name of Shishir Dubey, Saroj Dubey, Neha Tiwari as responsible for her death. The deceased Smt. Bharti Dubey @ Neetu Dubey aged about 52 years has committed suicide by hanging herself and after receiving the information P.S. Bhatapara City registered the Marg No. 18/2025 U/s 194 of BNSS and recorded the statements of elder brother/Manish Mishra of the deceased, sister-in-law/Anju Mishra, son/Naitik Dubey,informant/ManikPrasadDubey,cousin-mother-in-law/Shaku ntala Dubey and on the basis of the same the F.I.R. has been registered. 4. It has been argued by learned counsels for the applicants that the deceased’s sister-in-law used to tease that her husband had some relationship with other ladies who are the applicants in the present case which irritated her and she committed suicide. It is stated that the allegations which have been levelled against the applicants are absolute incorrect as they are already married women and the cause of death is asphyxia as a result of antemortem hanging and sister-in-law of deceased is also an accused who has been arrested. They would submit that the applicants have no criminal antecedents, therefore, the present applicants are entitled to be released on anticipatory bail. 5. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail and she would submit that the applicants are also named in the 4 suicide note. She would submit that the applicants have no criminal antecedents. 6. I have heard learned counsel for the parties and perused the materials available on record. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, materials available on record, considering the nature of allegations levelled against the applicants who are already married women, applicants have no criminal antecedents and also considering the fact that investigation and trial are likely to take some time, therefore, I am inclined to grant anticipatory bail to the present applicants. 8. Accordingly, both the anticipatory bail applications are allowed and it is directed that in the event of arrest of the applicant Saroj Dubey in MCRCA No. 1309 of 2025 and applicant Neha Tiwari in MCRCA No. 1329 of 2025, on each of them executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, they 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 him from disclosing such fact to the Court. (b) The applicants shall not act in any manner which will 5 be prejudicial to fair and expeditious trial. (c) The applicants shall appear before the trial Court on each and every date given to them 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 gouri