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2025 DAILYLAW 44424 (CHH)

TRAHIKAR RANA v. STATE OF CHHATTISGARH

MCRCA/1487/2025 · 2025-09-23

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Judgment text

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1 2025:CGHC:48993 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1487 of 2025 Trahikar Rana S/o Khemraj Rana Aged About 31 Years R/o Village Chandli, Tehsil Chandrapur, District Sakti, C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station Chandrapur, Tehsil Chandrapur, District Sakti C.G. ... Respondent For Applicant : Shri Tarendra Kumar Jha, Advocate. For Respondent/State : Smt. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 24/09/2025 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 80(2), 3(5) of BNS 2023 (As per FIR). GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.25 11:18:57 +0530 2 2. Case of the prosecution, in brief, is that Neeta Rana committed suicide on 17.07.2025 by hanging herself and after 21 days complaint has been lodged before Police Station Chandrapur District Sakti by stating that after marriage the husband has not provided education to the deceased and demanded dowry whereas the deceased was student of B.A. Second Year at New Government College Chandrapur and on complaint FIR has been registered at Crime No. 79/2025. 3. Learned counsel for the applicant submits that the FIR is delayed by 21 days. He would submit that this Court has granted bail to similarly placed co-accused vide order dated 03.09.2025 passed in M.CR.C.(A) No.1339/2025. He would submit that the allegation against the applicant and other family members is after thought and false and the applicant has never demanded dowry and never committed marpit with deceased. He would submit that the applicant is having no previous criminal history. He would further submit that after suicide there was no allegation of demand of dowry and it is after thought and delayed by three weeks and the deceased was objecting to her husband because he was taking care of minor children's of his elder brother because their mother had left the house with other person. He would submit that the applicant is permanent Resident of Address which is shown in the cause title, and there is no possibility of his absconding or tampering with the prosecution witnesses, therefore, he submits that the present applicant is entitled to be released on anticipatory bail. 4. On the other hand, learned State counsel, appearing for the non - applicant/State, opposes the prayer for grant of anticipatory bail. She would submit that the applicant is the Jeth of the deceased. She would 3 further submit that cause of death is asphyxia due to hanging and in this case there is no dying declaration and no eye witness account. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, considering the fact that the applicant is the Jeth of the deceased, cause of death is asphyxia due to hanging, further in this case there is no dying declaration and no eye witness account 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 applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Trahikar Rana, 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 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. 4 (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 gouri