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2025 DAILYLAW 44100 (CHH)

GAYATRI DUBEY v. STATE OF CHHATTISGARH

MCRCA/1476/2025 · 2025-09-22

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Judgment text

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1 2025:CGHC:48745 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1476 of 2025 Gayatri Dubey W/o Late Neeraj Dubey Aged About 47 Years (Wrongly Mentioned As Neeraj Dubey ), R/o Bajrang Ward Bhatapara P.S. Bhatapara City, District - Balodabazar-Bhatapara Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House Officer, Police Station- Bhatapara City, District- Balodabazar-Bhatapara Chhattisgarh. ... Non-applicant For Applicant : Mr. Siddhant Tiwari, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 23.09.2025 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 her arrest in connection with Crime No. 449/2025 registered at Police Station – Bhatapar city, District – Balodabazar- Bhatapara (C.G.) for the offences punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The 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. The co-accused had been in an extra-marital affair with ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.23 17:41:19 +0530 2 one Saroj Dubey for the last six years, and thereafter, he started living with another woman, namely Neha Tiwari, as a kept. The deceased also had frequent altercations with the applicant, who is her younger sister-in- law, over household chores. Due to these circumstances, there were continuous quarrels between the deceased and her husband, Shishir Dubey @ Deepak Dubey. As a result, the deceased committed suicide, leaving behind a note mentioning the names of Shishir Dubey, Saroj Dubey, and Neha Tiwari as responsible for her death. On this basis, the FIR was registered. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He submits that the present applicant has no criminal antecedents. He further submits that the other co-accused persons, namely, Saroj Dubey and Neha Tiwari have already been granted anticipatory bail by this Court in MCRCA No. 1309 of 2025 and MCRCA No. 1329 of 2025 vide order dated 04.09.2025. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 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 & circumstances of the case and the fact the fact that the present applicant has no criminal antecedents, moreover, the fact that the other co-accused persons, Saroj Dubey and Neha Tiwari have already been granted anticipatory bail by this Court in MCRCA No. 1309 of 2025 and MCRCA No. 1329 of 2025 vide order dated 3 04.09.2025, therefore, I am inclined to grant anticipatory bail to the present applicant on the ground of parity. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Gayatri Dubey, 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) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she 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 her 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) she shall not involve herself in any offence of similar nature in future. Sd/ Sd/- (Ramesh Sinha) CHIEF JUSTICE Abhishek