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2026 DAILYLAW 21926 (CHH)

IRFAN KHAN v. STATE OF CHHATTISGARH

MCRCA/855/2026 · 2026-06-16

body2026

Judgment text

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1 2026:CGHC:24345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 855 of 2026 1 - Irfan Khan S/o Nabiulla Khan Aged About 60 Years R/o Shiv Nagar, Santoshi Nagar, P.S. Tikrapara, District- Raipur (C.G.) 2 - Shama Parveen W/o Irfan Khan Aged About 56 Years R/o Shiv Nagar, Santoshi Nagar, P.S. Tikrapara, District- Raipur (C.G.) 3 - Sami Raza S/o Irfan Khan Aged About 30 Years R/o Shiv Nagar, Santoshi Nagar, P.S. Tikrapara, District- Raipur (C.G.) ... Applicant versus State Of Chhattisgarh Through Station House Officer, P.S. Tikrapara, District – Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Anupam Upadhyay and Mr. Jayant Singh Bais, Advocates. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 17.06.2026 1. The applicants have preferred this Second anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of Anticipatory Bail, apprehending their arrest in connection with Crime No. 297/2026, registered at Police Station – Tikrapara, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 80 and 3(5) of the BNS. 2. First anticipatory bail application of the applicants was rejected by this Court vide order dated 14.05.2026 passed in MCRCA No. 677/2026, on merits. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 3. As per the prosecution story in brief, is that Case of the prosecution, in brief, is that on 02.04.2026, the date of incident, the deceased who was the wife of the son of present applicant No.1, i.e. (Daughter-in-law the marriage party at the place of applicants uncles house, at that time the deceased started arguing with her husband Irshad khan, for not going to his uncle's place and she also called her parents but deceased parents did not listened her and told her that the doors of her maternal house are closed, then deceased in anger closed the door of the room and tried to commit suicide by hanging herself, thereafter the son of present applicants along with the help of his neighbor broke the door and admitted her in the hospital, and during treatment she died on 03.04.2026, thereafter the family members of deceased made a complaint before concerned police station on which Irshad Khan, husband of the deceased was arrested by the police officials and the present applicant i.e. in-laws are apprehending their arrest in the concerned crime registered against them. Hence, this application. 4. The learned counsel for the applicant has argued that the applicant No.1 aged about 60 years, has suddenly fallen critical ill and was kept under intensive care, he has been suffering from sever respiratory complication including acute breathing difficulties, along with chronic live disease and tuberculosis (TB), due to his highly deteriorating unstable and life threatening health condition, he was admitted to the District Hospital from where the medical authorities have formally referred him to the medical college hospital, Raipur (C.G.) for specialized emergency tertiary care and life saving treatment, where 3 he is cruelty admitted. Hence, he prays for grant of anticipatory bail to the applicants. 5. On the other hand, learned State counsel opposed the anticipatory bail application and submitted that the deceased died under suspicious circumstances within her matrimonial home and the postmortem report discloses multiple ante-mortem injuries, including a ligature mark around the neck, contusion measuring 05 x 04 cm over the right angle of mandible, eight linear abrasions on the anterior aspect of the base of the neck, contusions over the left side forehead, lateral aspect of the left eyelid extending up to the left eyebrow, lateral aspect of the left clavicular region, another contusion measuring 03 x 02 cm below the clavicular injury, and contusion over the medial aspect of the right forearm, the multiplicity and nature of these injuries prima facie indicate use of force and raise serious suspicion regarding the circumstances leading to the death of the deceased, thereby casting doubt upon the defence version of suicidal hanging. It is further argued that since the incident occurred inside the matrimonial home, the applicants, being family members residing therein, are required to explain the circumstances under which the deceased sustained such injuries. Considering the gravity of the allegations, learned State counsel submits that the applicants do not deserve the extraordinary relief of anticipatory bail and the application deserves to be rejected. 6. I have heard learned counsel for the parties and perused the material available on record. 4 7. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and the material available on record, particularly the postmortem report disclosing multiple ante- mortem injuries on the body of the deceased, including ligature marks around the neck, contusions over the mandible, forehead, eyelid, clavicular region and forearm, as well as multiple linear abrasions on the neck, this Court is of the prima facie view that the death of the deceased occurred under suspicious circumstances within her matrimonial home. The nature and multiplicity of the injuries raise serious questions requiring thorough investigation. Since the incident occurred inside the matrimonial house, the applicants, being close family members residing therein, are under an obligation to explain the circumstances leading to the death of the deceased. Considering the gravity of the allegations, the serious medical evidence available on record, and the necessity of custodial interrogation for fair and effective investigation, this Court is not inclined to extend the extraordinary relief of anticipatory bail to the applicants. 8. Accordingly, the Second Anticipatory Bail application of the applicants – Irfan Khan, Shama Parveen and Sami Raza, filed under Section 482 of the BNSS, 2023 in connection with Crime No. 297/2026, registered at Police Station – Tikrapara, District – Raipur (C.G.) for alleged commission of offence punishable under Sections 80 and 3(5) of the BNS, is rejected. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar