1 2025:CGHC:30578 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 964 of 2025 1. Kamal Vishwakarma S/o Karam Sai Aged About 37 Years R/o Village Tengani, Police Station Patna, Tahsil Baikunthpur, District Koriya (C.G.) 2. Mahendra Vishwakarma S/o Babulal Aged About 23 Years R/o Village Tengani, Police Station Patna, Tahsil Baikunthpur, District Koriya (C.G.) 3. Ramdev Vishwakarma S/o Haraklal Aged About 42 Years R/o Village Tengani, Police Station Patna, Tahsil Baikunthpur, District Koriya (C.G.) 4. Pankaj Vishwakarma S/o Shivprasad, Aged About 19 Years R/o Village Tengani, Police Station Patna, Tahsil Baikunthpur, District Koriya (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, Police of Police Station Patna, District Koriya (C.G.). ... Non-applicant For Applicants : Mr. Anil Gulati, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 106/2025 registered at Police Station – Patna, District – Koriya (C.G.) for the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.07.05 15:09:36 +0530 2 offences punishable under Sections 108 of the Bhartiya Nyaya Sanhita, 2023. 2. Brief facts of the prosecution case are that the applicant, Ramdev Vishwakarma, is the father of Neelam Vishwakarma, who had fallen in love with one Raju Singh, and they wanted to get married. The father of the deceased and other relatives did not like Raju Singh and wanted to get Neelam Vishwakarma married somewhere else. Accordingly, the marriage of Neelam was fixed with another boy, but the deceased did not like the said boy. On 06.05.2025, the deceased called Raju Singh near her house at about 10:00 PM, and while the deceased and Raju Singh were talking to each other, the father and relatives of the deceased saw them together. Thereafter, the applicants assaulted Raju Singh. When Neelam intervened in the matter, the family members told her that she would not be able to find a boy within her society and that even if she died, it would not affect them. The applicants continued to assault Raju Singh, and on account of the said incident, the deceased, Neelam Vishwakarma, jumped into a well and committed suicide. 3. Learned counsel for the applicants submits that the present applicants are innocent person and have been falsely implicated in the present case. He submits that the deceased was the daughter of applicant No. 02 and was having an affair with the injured, Raju Singh, whom the applicants disliked of as he belonged to a different caste. On the night of the incident, while the deceased and Raju Singh were talking to each other, the father and relatives of the deceased saw them together. Thereafter, the applicants assaulted Raju Singh. When Neelam intervened, the family members told her that she would not find a suitable match within her society and that even if she died, it would not affect them. The applicants continued to assault Raju Singh, and as a result of 3 the incident, Neelam Vishwakarma jumped into a well and committed suicide. He further submits that the applicants are ready to furnish adequate surety and shall abide by all conditions that may be imposed by this Hon’ble Court. Therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, learned State counsel appearing for the non - applicant/State opposes the bail application and submits that looking to the seriousness of the present case, the anticipatory bail application of the present applicants are entitled to be dismissed. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, as the the deceased was the daughter of applicant No. 02 and was having an affair with the injured, Raju Singh, whom the applicants disliked as he belonged to a different caste, on the night of the incident, while the deceased and Raju Singh were talking to each other, the father and relatives of the deceased saw them together, thereafter, the applicants assaulted Raju Singh. When Neelam intervened, the family members told her that she would not find a suitable match within her society and that even if she died, it would not affect them, the applicants continued to assault Raju Singh, and as a result of the incident, Neelam Vishwakarma jumped into a well and committed suicide, therefore, without further commenting on merits, I am inclined to grant anticipatory bail to the present applicants. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicants - Kamal Vishwakarma, Mahendra Vishwakarma, Ramdev Vishwakarma and Pankaj Vishwakarma, 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 anticipatory bail on the following conditions:- 4 (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 Abhishek