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2026 DAILYLAW 15288 (CHH)

NIRMLA SAHU v. STATE OF CHHATTISGARH

MCRCA/55/2026 · 2026-01-11

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Judgment text

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1 2026:CGHC:1738 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 55 of 2026 Nirmla Sahu W/o Chela Ram Sahu Aged About 35 Years R/o Village Mohara, P.S. Sanaud, Dist. Balod Current Residence- Village Tarragondi, Tehsil Patan, Dist. Durg (C.G.) ...Applicant versus State Of Chhattisgarh Through P.S. Sanaud, District - Balod (C.G.) ...Non-applicant For Applicant : Mr. P. R. Patankar, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Dy. G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12.01.2026 1. This first anticipatory bail application under Section 482 of the Bhartiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 82/2025 registered at Police Station – Sanaud District – Balod (C.G.) for the offences punishable under Section 296, 351(3), 115(2), 3(5), 331(6), 119(1) & 118(1) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.13 11:42:39 +0530 2 2. Case of the prosecution, in brief, is that the complainant and the present applicant are husband and wife. The complainant has alleged that the applicant while working as FLCRP under National Rural Livelihood Mission encountered one Mahendra Sahu in the course of her work. The complainant further alleges that the applicant and Mahendra Sahu developed an illicit relationship with each other and due to which she left her matrimonial house to live with the said Mahendra Sahu. The complainant further alleges that on 11.09.2025, at around 10 P.M., the applicant along with Mahendra Sahu and few others came to his house in village Mohara, and started verbally abusing him and then physically assaulted him and his children while demanding Aadhar Card, Bank Passbook, Rin Pustika, and cash. The complainant alleges that after his son shouted for help, the accused including the applicant left his house as people started gathering. The complainant filed an FIR in relation to the said incident in P.S. Sanaud, Dist. Balod (C.G.). 3. Learned Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits, in the present case; that she did not visit Village Mohara on 11.09.2025 with Mahendra Sahu as alleged, and the complainant has fabricated the entire case against her; that in fact, due to unfounded suspicions regarding the applicant’s relationship with Mahendra Sahu, the complainant subjected the applicant to continuous harassment and coercion, even attempting to force her to lodge a false case against Mahendra Sahu, which she resisted, and owing to such persistent cruelty and ill-treatment, the applicant was compelled to leave the matrimonial home and also made a written complaint 3 against the complainant, though no action was taken by the police; that on account of these circumstances, the applicant has filed a petition for divorce under Section 13 of the Hindu Marriage Act, and out of vengeance and malice, the complainant has lodged the present FIR No. 82/2025 to falsely implicate her; that the applicant is a respectable member of society having no connection whatsoever with the alleged offences, and her arrest would cause serious prejudice to her reputation and irreparable harm; that the co-accused has already been granted regular bail by the learned Additional Sessions Judge (F.T.C.), Balod (C.G.) on 17.10.2025 in Bail Application No. 373/2025, and therefore, on the ground of parity also, the applicant deserves to be granted bail; that the charge-sheet has already been filed on 09.12.2025 by P.S. Sanaud and there is no further requirement of custodial interrogation; and that the applicant undertakes to abide by all the directions and conditions that may be imposed by this Hon’ble Court while granting bail, therefore, he prays for grant of bail. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, submissions of learned counsel for the parties and nature of dispute and materials available on record, without further commenting anything on merits, this Court find it appropriate to grant anticipatory bail to the applicant. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Nirmla Sahu, on executing a 4 personal bond and one surety in the like sum to the satisfaction of the arresting Officer, he 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 his 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) she shall not involve herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav