1 2025:CGHC:1560 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 26 of 2025 1 - Smt. Nirmala Bai Wife of Shri Foolsai, D/o Mohanala Aged About 44 Years R/o Village Kaitha, Police Station And Tahsil Hasaud, District Shakti (C.G.) 2 - Leela Bai W/o Shri Foolsai, D/o Mohanala Aged About 50 Years R/o Village Kaitha, Police Station And Tahsil Hasaud, District Shakti (C.G.) 3 - Smt. Bharatmati Wife of Mritunjay Aged About 28 Years R/o Village Kataud, Police Station And Tahsil Shivrinarayan, District Janjgir-Champa (C.G.) 4 - Mela Bai Wife of Jogen, D/o Jagdish Aged About 35 Years R/o Village Karhi, Police Station Birra, Tahsil Hasaud, District Shakti (C.G.) 5 - Jogen @ Jogendra S/o Jagdish Aged About 40 Years R/o Village Karhi, Police Station Birra, Tahsil Hasaud, District Shakti (C.G.) 6 - Budhvara Bai Wife of Mohanlal Aged About 60 Years R/o Village Malda, Tahsil Tahsil Hasaud, District Shakti (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police Station Hasaud, District Shakti (C.G.) ... Non-applicant For Applicants : Mr. Tanuj Patwardhan, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Deputy G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.10 10:46:44 +0530 2 09.01.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 125/2024 registered at Police Station – Hasaud, District- Shakti (C.G.) for the offence punishable under Sections 80 and 3(5) of Bhartiya Nyay Sanhita. 2. As per the prosecution’s case, in brief is that on 17.08.2024, the deceased consumed poison due to domestic abuse and harassment by her in-laws. She was immediately rushed to the hospital, where she succumbed to death. A merg was subsequently registered at the concerned police station. Following an investigation, the police filed charges against the applicants/accused under Sections 80, 3(5) Bhartiya Nyay Sanhita. 3. Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated in this case. He further submits that Applicants No. 1 to 5 are relatives residing in another village and district, making it improbable for them to have harassed the deceased in any way. Applicant No. 6 is a 60-year-old woman who is currently taking care of the 6-month-old child of the deceased. He also submits that three accused—the husband, brother-in-law, and other in-laws—are already in jail, and their regular bail applications have been rejected by the learned trial court. He further submits that at the time of the incident, the deceased had consumed poison herself and was subsequently 3 admitted to the government hospital. While in the hospital, the deceased did not make any complaint of harassment to the police. After recovering within 2-4 days, she voluntarily took leave and went to her maternal home. However, when her health suddenly deteriorated at her maternal home, her parents brought her to a hospital in Janjgir-Champa, where she was referred to Life Care Hospital, Torva, Bilaspur. Unfortunately, she passed away during treatment. Therefore, he prays for the grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submits that the deceased consumed poison due to domestic abuse and harassment by her in-laws. She was immediately rushed to the hospital, where she succumbed to death, therefore, they are not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case and further the fact that Applicants No. 1 to 5 are relatives and Applicant No. 6 is a 60-year-old woman who is currently taking care of the 6-month-old child of the deceased and further the fact that three accused—the husband, brother-in-law, and other in-laws—are already in jail, and at the time of the incident, the deceased had consumed poison herself and was subsequently admitted to the government hospital, while in the hospital, the deceased did not make any complaint of harassment to the police and after recovering within 2-4 days, she 4 voluntarily took leave and went to her maternal home, however, when her health suddenly deteriorated at her maternal home, her parents brought her to a hospital in Janjgir-Champa, where she was referred to Life Care Hospital, Torva, Bilaspur and unfortunately, she passed away during treatment, therefore, I am inclined to grant anticipatory bail to the applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants – Smt. Nirmala Bai, Leela Bai, Smt. Bharatmati, Mela Bai, Jogen @ Jogendra and Budhvara Bai, on executing a personal bond and one surety each in the like sum to the satisfaction of the arresting OfÏcer, they shall be released on bail on the following conditions:- (a) they 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 them from disclosing such fact to the Court. (b) they shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) they 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) they shall not involve themselves in any offence of similar nature in future. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan