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2025 DAILYLAW 60795 (CHH)

B. MINAKSHI RAO v. STATE OF CHHATTISGARH

MCRCA/1818/2025 · 2025-12-04

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:59321 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1818 of 2025 1 - B. Minakshi Rao W/o B. Kartik Rao Aged About 48 Years R/o Ward No. 13, Mahua Dafai, Haldibadi, Police Station Chirmiri, Tahsil Chirmiri, District Manendragarh-Chirmiri-Bharatpur (C.G.) At Present Resident Of Banglore (Karnataka) 2 - B. Kartik Rao S/o B. Janiki Rao Aged About 67 Years R/o Ward No. 13, Mahua Dafai, Haldibadi, Police Station Chirmiri, Tahsil Chirmiri, District Manendragarh-Chirmiri-Bharatpur (C.G.) At Present Resident Of Banglore (Karnataka) ... Applicants versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station Chirmiri, District Manendragarh-Chirmiri-Bharatpur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Ramsajivan, Advocate For Respondent/State : Ms. Smriti Shrivastava, Panel Lawyer For Objector Mr. Anil Kumar Gulati, Advocate Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 05.12.2025 1. The applicants have preferred this First Bail Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of anticipatory bail, as they are apprehending their arrest in connection with Crime No. 181/2025, registered at Police Station – Chirmiri, District – Mandendragarh-Chirmiri-Bharatpur (C.G.) for the VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.12.08 11:01:33 +0530 2 offence punishable under Sections 108 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the son of deceased namely Ashish Rao has taken the loan from the daughter of present applicant sum of Rs.9,50,000/- for purchasing the four wheeler and the said amount was returned by the son of deceased but thereafter the present applicants and their daughter demanded additional amount, due to which the father of Ashish Rao and Shayama Rao committed suicide by hanging himself. Thereafter FIR has been registered against the present applicants. 3. It is argued by the learned counsel for the applicants that the applicants are innocent and have falsely been implicated in this case. He also submits that the applicants happens to be the parents of the co-accused, who is the main accused person in the present case, who has already been granted bail by the trial Court. Moreover, the applicant No.1 is lady, and if she will be arrested by the Police, the reputation of the applicants will be destroyed, therefore, he prays for grant of anticipatory bail to the applicants. 4. On the other hand, the learned State counsel as well as learned counsel for the Objector would opposes the bail application and submits that deceased committed suicide by hanging on account of the harassment and demand of money made by the accused persons, therefore, the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 6. Taking into consideration the facts and circumstances of the case, 3 nature and gravity of allegation levelled against the applicant, submissions made by learned counsel for the parties and the fact that co-accused has also been enlarged on bail by the trial Court, at this stage without commenting anything on merits, this Court is of the view that the applicants are 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 applicants – B. Minakshi Rao and B. Kartik Rao 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) 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 involve himself in any offence of similar nature in future. sd/- (Ramesh Sinha) Chief Justice vaishali