1 2025:CGHC:6878 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 205 of 2025 Dineshwari Singh W/o Shri Kapil Singh Aged About 35 Years R/o Village Manpur, Surajpur, Police Station And Tahsil Surajpur, District Surajpur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, Police of Police Station - Surajpur, District Surajpur Chhattisgarh. ... Non-applicant For Applicant : Mr. Chandra Kumar, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 06.02.2025 1. The applicant has preferred this application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of Second Anticipatory Bail, apprehending his arrest in connection with Crime No. 278/2023, registered at Police Station – Surajpur, District Surajpur, (C.G.) for the alleged commission of offence punishable under Section 294, 506, 323, 305/34 of the Indian Penal Code. 2. The earlier anticipatory bail application of the applicant has been dismissed for want of persecution by this Court in MCRCA No. 147 of 2025 vide order dated 28.01.2025. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.02.07 18:27:12 +0530 2 3. As per the prosecution story, on 20.04.2022, at 4:00 PM, complainant Guddu Khan and his daughter, Ashiya Khatun, filed a written report against persons namely Kapil, Raja, and Raju, alleging sexual abuse. Subsequently, on 22.04.2022, at 9:00 PM, several persons, including Kapil’s wife, Raja’s mother, Raju Khan’s mother, and neighbors Rajni and Meena (the applicant), allegedly confronted the complainant’s family in front of their house, accusing them of filing the complaint and verbally abusing them. At that time, the complainant’s wife and children were at home. The complainant asserts that due to harassment by Dileshwari Singh, Lalmani Dewangan, and Jarina Khatun, his daughter was driven to commit suicide. 4. Learned counsel for the applicant submitted that this is second anticipatory bail application. The earlier anticipatory bail application of the applicant has been dismissed for want of persecution by this Court in MCRCA No. 147 of 2025 vide order dated 28.01.2025. He further submits that the incident took place on 22.04.2022 and the FIR lodged in the year 2023 and the applicant is not absconded anywhere. He further submits that the applicant belongs to Scheduled Tribe Community and on earlier occasion, the present applicant had registered an FIR against the three accused persons namely Rafique Khan, Sayara, Suggu @ Ashiya Khatun. The deceased Suggu @ Ashiya Khatun was the daughter of Rafique Khan and the above three accused persons had assaulted the preset applicant for which an offence under Section 294, 506, 323 and offences under the Atrocities Act were registered against them. 3 The complainant party had animosity against the present applicant due to the registration of FIR against them. He also submits that the present applicant has absolutely no role in abatement or instigation of suicide of deceased Suggu @ Ashiya Khatun and the present applicant has been implicated in the offence only by way of private vengeance. Therefore, he submits that the present applicant is also entitled to be released on anticipatory bail on the ground of parity. 5. On the other hand, the learned State Counsel opposes the anticipatory bail application of the present applicant and submits that the complainant Guddu Khan and his daughter, Ashiya Khatun, filed a written report against persons namely Kapil, Raja, and Raju, alleging sexual abuse. Subsequently, on 22.04.2022, at 9:00 PM, several persons, including Kapil’s wife, Raja’s mother, Raju Khan’s mother, and neighbors Rajni and Meena (the applicant), allegedly confronted the complainant’s family in front of their house, accusing them of filing the complaint and verbally abusing them. At that time, the complainant’s wife and children were at home. The complainant asserts that due to harassment by Dileshwari Singh, Lalmani Dewangan, and Jarina Khatun, his daughter was driven to commit suicide. Therefore, she is not entitled for grant of anticipatory bail in the present case. 6. I have heard learned counsel for the parties and perused the case diary. 7. Considering the facts & circumstances of the case that in the present case, the incident took place on 22.04.2022 and the FIR 4 lodged in the year 2023 and the applicant is not absconded anywhere and the complainant party had animosity against the present applicant due to the registration of FIR against them, the present applicant has absolutely no role in abatement or instigation of suicide of deceased Suggu @ Ashiya Khatun and the present applicant has been implicated in the offence only by way of private vengeance, therefore, I am inclined to grant second anticipatory bail to the present applicant. 8. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Dineshwari Singh, on executing a personal bond and one surety in the like sum to the satisfaction of the arresting OfÏcer, she shall be released on bail on the following conditions:- (a) she 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 her from disclosing such fact to the Court. (b) she shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) she shall appear before the trial Court on each and every date given to her by the said Court till disposal of the trial. (d) the applicant and the surety shall submit a copy of her adhaar card along with a coloured postcard full size photo 5 having printed the adhaar number on it, which shall be verified by the trial Court. (e) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rahul Dewangan