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2025 DAILYLAW 41596 (CHH)

MOHANLAL RANA v. STATE OF CHHATTISGARH

MCRCA/1339/2025 · 2025-09-02

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Judgment text

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1 2025:CGHC:45091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1339 of 2025 Mohanlal Rana S/o Jethuram Aged About 48 Years R/o Village- Kotra, Tehsil- Baramkela, District- Sarangarh-Bilaigarh, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Statiuon- Chandrapur, Tehsil- Chandrapur, District- Sakti Old District- Janjgir- Champa, Chhattisgarh. ... Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Mr. Hariom Rai, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.09.2025 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 his arrest in connection with Crime No. 79/2025 registered at Police Station – Chandrapur, District- Sakti (C.G.) for the offences punishable under Sections 82(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution’s case, in brief, is that the deceased, Neeta Rana, committed suicide by hanging herself on July 17, 2025. A RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 complaint was lodged with Police Station Chandrapur, District Sakti, 21 days later, alleging that her husband had not provided her with education after marriage and had demanded dowry. However, it is noted that the deceased was a student of B.A. Second Year at New Government College Chandrapur. Based on the complaint, an FIR was registered at Crime No. 79/2025. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. He further submits that the FIR was lodged with an unexplained delay of 21 days, which clearly indicates that the allegations are an afterthought. The applicant is a resident of another village and has been falsely implicated only because he had arranged the marriage between the deceased and the co-accused/husband. It is further submitted that there was never any demand for dowry or incident of physical assault by the applicant or his family members, and no such allegations were made immediately after the incident. Even during the preliminary inquiry, there was no mention of dowry demand, which was later falsely introduced. He further submits that the deceased was upset because her husband was taking care of the minor children of his elder brother, whose wife had left the house with another person. The post-mortem report shows the cause of death as asphyxia due to antemortem hanging, and there is neither a suicide note nor a dying declaration to support the prosecution’s case. The applicant has no previous criminal record. Hence, he prays for grant of anticipatory bail to the present applicant. 3 4. On the other hand, learned State counsel, appearing for the non - applicant/State opposes the anticipatory bail application of the present applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, it is evident that the allegations against the present applicant are general and omnibus in nature, with no specific role attributed to him. The FIR itself was lodged after an unexplained delay of 21 days, which prima facie suggests that the allegations may be an afterthought. It further appears from the record that the applicant is a resident of another village and has been implicated primarily because he had facilitated the marriage between the deceased and the co- accused/husband. Further considering the fact that the post- mortem report clearly indicates that the cause of death was asphyxia due to antemortem hanging. The applicant stands on a different footing from the husband and other in-laws of the deceased, as there are no direct allegations of cruelty or harassment specifically attributed to him, present applicant has no previous criminal antecedents, 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 applicant – Mohanlal Rana, on executing a personal bond and one surety in the like sum to the satisfaction of 4 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 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 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 himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan