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2025 DAILYLAW 48602 (CHH)

NARENDRA RAJPUT v. STATE OF CHHATTISGARH

MCRCA/1967/2025 · 2025-12-14

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Judgment text

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1 2025:CGHC:61050 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1967 of 2025 Narendra Rajput S/o Ramnivas Rajput Aged About 52 Years R/o Village- Janghora, Tehsil and PS- Pithoura District- Mahasamund (C.G.) ... Applicant versus State Of Chhattisgarh Through- Police Station - Pithoura District- Mahasamund (C.G.) ... Non-Applicant For Applicant : Mr. Priyank Rathi, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 15.12.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending her arrest in connection with Crime No. 187/2025 registered at Police Station – Pithoura District- Mahasamund (C.G.) for the offence punishable under Sections 108, 127(2), 140(3) and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The prosecution story in brief is that, the written complaint dated 20.09.2025 lodged by complainant Anjali Yadav, is that she is a permanent resident of Village Kouhabahra, Police Station Rajadevari, District Balodabazar, and a temporary resident of Village Kishanpur, PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.16 18:02:00 +0530 2 Police Station Pithoura, District Mahasamund, and is working as a labourer. She has alleged that her husband, Late Jalandhar Yadav, has been killed and thereafter his dead body was hung by accused persons namely, Heeralal Yadav, Ghanshyam Rajput @ Dhannu, and their other associates. Based on the aforesaid complaint, an FIR under Sections 108, 127(2), 140(3), and 3(5) of BNS 2023 came to be registered against the co-accused persons. The name of the present applicant has been subsequently implicated in the FIR as her deceased husband has taken loan from the applicant and also as his name has been surfaced in the memorandum statement of Heeralal Yadav and Badan Sinha, and therefore, there exists a reasonable apprehension of arrest at the hands of the police. Hence, the present application for grant of anticipatory bail has been preferred. 3. Learned counsel for the applicant has argued that the applicant is innocent and has been falsely implicated in the present case. It is submitted that the deceased had taken an amount of Rs. 40,000/- from the applicant and the co-accused, and that they were pressurizing the deceased to return the money. It is further stated that the wife of the deceased has alleged that, due to such harassment, the deceased committed suicide. The applicant is not named in the FIR, which was registered against three accused persons, out of whom one has been granted regular bail by the Trial Court. There is no suicide note and no dying declaration. The applicant has no previous criminal antecedents. Therefore, it is prayed that the applicant be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the bail application. 5. I have heard learned counsel for the parties and perused the materials available on record. 3 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and the fact that the applicant is not named in the FIR, which was registered against three accused persons, out of whom one has been granted regular bail by the Trial Court, futher there is no suicide note and no dying declaration, the applicant has no previous criminal antecedents, hence, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Narendra Rajput on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she 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 their adhaar card alongwith a colored postcard full size photo having printed the adhaar number on it, which shall be verified by the trial Court. (e)The Applicant shall not involved himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti