1 2025:CGHC:20500 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 642 of 2025 Chaman Miri S/o Shiv Kumar Miri Aged About 24 Years R/o Charpara, Police Station - Malkharoda, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station - Malkharoda, District - Sakti (C.G.) ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Mrs. Subha Shrivastava, PL. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05/05/2025 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.71/2025 registered at Police Station – Malkharoda, District Sakti (C.G.) for the offences punishable under Sections 108 & 191 (2) of Bhartiya Nyay Sanhita. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.05.06 15:36:34 +0530 2 2. Case of the prosecution, in brief, is that the complainant lodged the complaint on 03-04-2025 with the allegation that on 31-03-2025 at about 05.30 PM, when the deceased namely Kiran Bharti was at his shop, at that time, the present applicant along with other co-accused persons came and asking the deceased that why he was messaging her sister and assaulted the deceased with hand and first and also threatened the deceased and therefore after the said incident, on 01-04-2025 at about 3.00 AM (in the night), the deceased hanged himself and committed suicide and therefore due to ahxphiya, the deceased was died and after the complaint made by the complainant, the FIR has been registered in relation to crime No.71/2025 for the offences under section 108 and 191 (2) of BNS. 3. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He would submit that the applicant never assaulted the deceased nor threatened the deceased, he only went to the shop of deceased to inform the mother and father of deceased that the deceased messaging the sister of applicant regularly by using vulgar messages. He would further submit that when the applicant went to the shop of deceased, at that time the mother and father of deceased were present and the applicant only informed the mother and father of deceased that they will stop his son not to call the sister of deceased. He would submit that the FIR was lodged after three days delay of incident, which shows that false and concocted case has been prepared against the present applicant and there is no any evidence of abatement to commit suicide by the applicant nor the applicant has encouraged and instigated the deceased to commit suicide. He would submit that the deceased committed suicide only because the mother and father of deceased came to know about the 3 phone calls which was made by deceased to the sister of applicant and the deceased used filthy and vulgar languages, which was informed by the applicant at the shop of deceased. 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. 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, nature of allegation made against the present applicant, materials available on record, without further commenting anything on merits and also considering the fact that investigation and trial are likely to take 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 – Chaman Miri, 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 4 disposal of the trial. (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