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2026 DAILYLAW 29219 (CHH)

VINOD TRIPATHI v. STATE OF CHHATTISGARH

MCRC/6725/2026 · 2026-07-26

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Judgment text

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1 CGHC010286922026 2026:CGHC:32055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6725 of 2026 Vinod Tripathi S/o Shri Guru Prasad Tripathi Aged About 39 Years R/o Vill- Baturakachhar, Tah. And P.S.- Pipariya, Dist.- Kabirdham (C.G.) ... Applicant(s) versus State Of Chhattisgarh Thought- S.H.O. P.S. Pipariya, Dist.- Kabirdham (C.G.) ... Respondent(s) For Applicant(s) : Mr. Ravindra Sharma, Advocate. For Respondent(s) : Mr. Sangharsh Pandey, Government Advocate. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 27.07.2026 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 321/2025, registered at Police Station Pipariya, Dist.- Kabirdham (CG) for the offence punishable under Sections 108, 85, 3(5) of BNS. AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 2. The prosecution story in brief, is that the deceased, Rani Tripathi, in her dying declarations recorded by the police and the Executive Magistrate, alleged that her husband, the applicant, was a habitual drunkard who frequently abused and assaulted her. She further stated that her in-laws also subjected her to continuous verbal abuse and harassment and asked her to leave the matrimonial home. Unable to bear the persistent cruelty and harassment, she poured turpentine oil on herself and set herself on fire on 07.10.2025, resulting in her death. On the basis of her dying declarations and the material collected during investigation, the present offence was registered against the applicant and the co-accused for abetment of suicide and related offences. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submit that the present applicant was not present at the place of occurrence at the relevant date and time. Further, as per the dying declaration of the deceased, a quarrel had initially taken place between the deceased and her husband (present applicant), following which the husband left the house. Thereafter, the father- in-law and brother-in-law of the deceased allegedly abused her, and being aggrieved by such conduct, the deceased poured turpentine oil upon herself and committed suicide. He also submits that the anticipatory bail application preferred by the 3 father-in-law, brother-in-law, and other co-accused persons was rejected by this Court vide order dated 02.01.2026 passed in MCRCA No.1978 of 2025. Thereagainst, the father-in-law and brother-in-law approached the Hon'ble Supreme Court by filing Special Leave Petition (Criminal) No.1037 of 2026, wherein the father-in-law, Guruprasad Tripathi, was granted anticipatory bail vide order dated 25.02.2026. Thereafter, the brother-in-law, Hemant Tripathi, was also granted regular bail by this Court vide order dated 15.07.2026 passed in MCRC No.4137 of 2026. He lastly submits that after the death of Rani Tripathi, the minor children have been suffering from severe emotional distress, and the three-year-old daughter, Shivi Tripathi, was even hospitalized for treatment, there is no other adult family member available to look after the minor children, who are solely dependent on the applicant for their care. The applicant is in jail since 20.01.2026 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. He further submits that the marriage of the deceased with the present applicant was solemnized in April, 2018. He also submits that in dying declaration of the deceased, she has categorically stated that after the marriage, she was continuously subjected to cruelty, harassment and torture at the hands of her husband, i.e., the 4 present applicant. Therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the allegations, the material collected during investigation, and dying declaration of the deceased, wherein it is revealed that she consistently alleged that after her marriage with the present applicant, she was continuously subjected to cruelty, physical assault and harassment by him on account of his habit of consuming liquor, though after the quarrel with the deceased, the present applicant had left, but considering the fact that the deceased in her dying declaration has specifically attributed persistent acts of cruelty and ill-treatment to the present applicant, which, according to her, compelled her to take the extreme step of ending her life by setting herself ablaze. As such, without expressing any opinion on the merits of the case, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant-Vinod Tripathi, involved in Crime No. 321/2025, registered at Police Station Pipariya, Dist.- Kabirdham (CG) for the offence punishable under Sections 108, 85, 3(5) of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to 5 proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Akhil