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2025 DAILYLAW 6972 (CHH)

VINIT KESARI v. STATE OF CHHATTISGARH

MCRCA/202/2025 · 2025-02-21

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Judgment text

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1 2025:CGHC:9193 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 202 of 2025 Vinit Kesari S/o Late Ajay Prasad Keshari Aged About 32 Years R/o Sadar Road, P.S. And Tahsil Ambikapur, District Sarguja Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station Ambikapur, District – Sarguja (C.G.). ... Non-applicant For Applicant : Mr. Neeraj Kumar Mehta, Advocate. For Non-applicant/State : Mr. S.S. Baghel, Dy. Govt. Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.02.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 842/2024 registered at Police Station – Ambikapur, District – Sarguja (C.G.) for the offence punishable under Sections 304(B) of the Indian Penal Code (IPC). 2. The prosecution story, in brief, is that the complainant has given information to the concerned Police Station that on the date of the incident, his wife has committed suicide by hanging herself in her RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 bedroom and on the basis of such information, the Police has registered the merg intimation No. 54/2024 and during the course of investigation, the Police has registered the crime against the applicant. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that the applicant happens to be the husband of the deceased who had committed suicide, and she was suffering from some mental ailment for which she has also been medically treated and the medical document has also been annexed in the bail application along with the application for taking documents on record. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that the applicant happens to be the husband of the deceased who had committed suicide, and she was suffering from some mental ailment for which she has also been medically treated and the medical document has also been annexed in the bail application along with the application for taking documents on record, at this stage without expressing any opinion on merits, this Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 3 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vinit Kesari on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar