1 / 3 2025:CGHC:9181 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 260 of 202 5 • S. Tushar Choudhary S/o Jivan Rao Aged About 28 Years R/o Block No. 9 Quarter No. 144, Dalit Complex Housing Board Kailash Nagar Tehsil And District Durg, Chhattisgarh. ... Applicant versus • State of Chhattisgarh through SHO P.S. Jamul, District Durg, Chhattisgarh. ... Respondent For Applicant : Mr. Avinash Chand Sahu, Advocate For Respondent-State : Mr. Sakib Ahmed, Panel Lawyer Hon'ble Shri Ramesh Sinha, Chief Justice ORDER ON BOARD 21/02/2025 1. Applicant has filed this first anticipatory bail application under Section 482 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he apprehends his arrest in connection with Crime No. 468/2024 registered at Police Station –Jamul, District Durg (C.G.) for offence punishable under Section 306, 34 of IPC. 2. Case of prosecution in brief is that applicant and the deceased was in love affair and when the mother of deceased came to know about this fact she in the anger scolded the deceased due to which she left the house on 31.03.2023 and on 22.04.2023 applicant and the deceased performed love marriage. After some time, some dispute arose between them on the basis of some suspicion of extramarital affair of deceased with another man. The said allegation was made by applicant in the presence of family members of PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 deceased Ankita Menon. After the applicant cast aspersions on the character of the deceased, she committed suicide. After which report was lodged against applicant for the aforementioned offence. 3. Learned counsel for applicant submits that applicant is innocent, he has not committed any such offence as alleged. The allegation levelled in the complaint is false and fabricated. It is submitted that deceased was wife of applicant and committed suicide on the ground of some dispute with her own mother as she has married applicant against her wish, applicant has no role to play in the above crime. The cause of death is asphyxia due to hanging. There is no eye-witness to the incident, and neither there is dying declaration nor any suicide note. Applicant is a permanent resident of district Durg, there is no chance of his absconding, hence, applicant may be granted anticipatory bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and submits that serious allegations have been levelled against applicant and looking to the gravity of offence, applicant is not entitled for grant of anticipatory bail. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Considering the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, submission of learned counsel for petitioner, and also that deceased performed love marriage with applicant after leaving her parental house, 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. 7. Accordingly, the instant anticipatory bail application is allowed and it is directed that in the event of arrest of the applicant –S. Tushar Chaudhary 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:- 3 / 3 (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 along with 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) pwn Chief Justice