1 2025:CGHC:54911 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1749 of 2025 1 - Naseeba Begam Quraishi W/o Late Faiz Mohammad Quraishi Aged About 57 Years R/o 102, Ward No. 7 Lal Bahadur Ward, Nagar Panchayat Bodri, District - Bilaspur Chhattisgarh 2 - Wazida Quraishi @ Anaya D/o Late Faiz Mohammad Quraishi Aged About 29 Years (Wrongly Mentioned As Wazila In The Order Of The Lower Court), R/o Quraishi House, 126, Ward No. 7 Lal Bahadur Ward, Nagar Panchayat Bodri, District - Bilaspur Chhattisgarh ... Applicants Versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Chakarbhatha, District - Bilaspur Chhattisgarh ... Non-applicant For Applicants : Mr. Lakhan Singh Bhadoriya, Advocate For Non-applicant : Ms. Vaishali Mahilong, Panel Lawyer For Objector : Ms. Deblina Maity, Advocate S.B.: Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 11/11/2025 1. This first anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 375/2025 registered at Police Station - Chakarbhatha, District – Bilaspur (C.G.) for the offence punishable under Sections 80 (2) & 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS’). 2 2. The prosecution case is that on 28.09.2025 the informant Shahid Qureshi, reported to the concerned police station alleging that when he returned home around 8:30 AM and went to Chakarbhatha market around 10:00 AM, he called his wife, but she did not answer. Upon returning home, he found the bedroom door locked from inside and despite calling out his wife, she did not respond. When he looked through the ventilation window, he saw his wife hanging from the ceiling fan. Immediately, the informant informed Dial 112 in the presence of neighbors Ishwar Yadav and Akhilesh Kaushik, broke open the door. Based on the informant's report, a case was registered at Police Station Chakarbhatha under Marg No. 57/2025 under Section 194 of Bharatiya Nagarik Suraksha Sanhita, 2023 and investigation was initiated. During the morgue investigation, statements were taken from the deceased's maternal family. The deceased's brother Parvez Khan stated that his sister Afroza Khan was married to informant on 04.07.2024, following social customs. A few days after the marriage, Shahid Quraishi and the applicants visited his home and demanded dowry which was arranged, but they were not satisfied and continued to harass the deceased. He further stated that deceased had informed them that her husband Shahid Quraishi and the applicants constantly harassed her for bringing insufficient dowry. However, based on the evidence found during the investigation implicating the accused, a First Information Report was registered under Crime No. 375/2025 for the offence punishable under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and the accused Shahid Quraishi was arrested and the present applicants are apprehending their arrest. 3. Learned counsel for the applicant would submit that the applicants are innocent and have falsely been implicated in the crime in question. He further submits that there is delay of lodging of FIR as the morgue intimation was reported on 08.09.2025 and the FIR was lodged on 24.09.2025. He submits that there is no specific allegation against the present applicants regarding 3 demand of dowry from the deceased person and no evidence subtantiating the fact of harassment on the deceased. He submits that the cause of death of deceased is hanging and there is no evidence to show harassment being implicated uopn the deceased by the applicants. So far as the criminal antecedents of the applicants are concerned, he submits that there are no antecedents registered against the applicants. Hence, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel has opposed the prayer for grant of anticipatory bail and submits that there are specific allegations against the applicants for harassing the deceased for demand of dowry and further, the said fact was also stated by the deceased to his brother. She submits that the maternal family members of the deceased have recorded their statements and have leveled allegations against the present applicants regarding dowry death. The investigation is pending and there are ample chances of collecting evidence against the applicant. Considering the seriousness of the offences, the risk of tampering with evidence, and the prima facie material collected, it is submitted that the bail application deserves to be dismissed. 5. Learned counsel for the Objector also opposes the submission of counsel for the applicant and relies upon the submissions made by the counsel for the Respondent/State. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case, submissions of learned counsel for the parties, nature of dispute and material available in case diary, the fact that co-accused, investigation is going on and charge-sheet has not been filed before the concerned Court, as such, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 4 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Naseeba Begam Quraishi and Wazida Quraishi, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) He 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) He shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) He 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) He shall not involve himself in any offence of similar nature in future. Sd/--d/- (Ramesh Sinha) Chief Justice Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY