Extracted from the PDF above. The PDF is authoritative.
1
CGHC010287582026
2026:CGHC:32969
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 1215 of 2026 Toran Patel S/o Omprakash Patel Aged About 26 Years R/o Village Shehgaon, Thana - Nandini, Distt Durg Chhattisgarh) ... Applicant
versus State Of Chhattisgarh Through Station House Officer, P.S. Nandini Nagar, Distt Durg Chhattisgarh ... Respondent For Applicant : Mr. Rajnish Singh Baghel, Advocate. For Non-applicant/State : Ms. Nupur Trivedi, Panel Lawyer Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board
30.07.2026
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. 206/2026 registered at Police Station – Nandini Nagar, District - Durg C.G for the offences punishable under Section 80(2) of the BNS. 2. As per the prosecution case, on the basis of the Merg Intimation and thereafter on a written complaint, the present FIR came to be registered alleging that the deceased, namely Smt. Kiran Patel, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.31 10:47:45 +0530
2 committed suicide by pouring diesel over herself and setting herself ablaze at about 8:00 A.M. on 07.04.2026. It is alleged that the deceased took the extreme step on account of cruelty, harassment and demand of dowry by her husband and in-laws. It is further mentioned in the Merg Intimation that the deceased was suffering from mental illness. On the basis of the allegations contained in the written complaint and the material collected during investigation, the present offence was registered against the husband and in-laws of the deceased. 3. Learned counsel for the applicant submits that the present applicant is the brother-in-law of the deceased and was residing separately in the old house along with his parents, whereas the deceased was residing with her husband in the new house, and therefore, there was no occasion for the applicant to subject the deceased to any cruelty or harassment. It is further submitted that prior to the unfortunate incident, no complaint or report was ever lodged against the applicant alleging any demand of dowry, cruelty or harassment, and such allegations have been levelled by the father of the deceased only after her death on 07.04.2026, which, according to learned counsel, appears to be an emotional reaction to the unfortunate loss of his daughter. It is submitted that the deceased was suffering from mental illness even prior to her marriage and was undergoing treatment, and after the said fact came to the knowledge of her matrimonial family, her husband and family members took proper care of her and continued her treatment; the medical records from 31.01.2018 to 02.03.2026 have been filed as Annexure A/3.
It is further submitted that the deceased gave birth to a child, namely Anant, aged about two years, who, owing to the mental
3 condition of the deceased, was looked after and brought up by the present applicant and his mother, and even presently the applicant is taking care of the child. Learned counsel further submits that at the time of the inquest proceedings and post-mortem examination, when the father and mother of the deceased were present, no allegation of dowry demand or cruelty was made, and such allegations were subsequently levelled only after the last rites of the deceased had been performed by her husband. It is also submitted that the allegation regarding demand of money for payment of truck instalments is an afterthought, as the truck owned by the applicant's father had been purchased on 07.06.2019, much prior to the marriage, and the instalments were regularly paid, with the loan account having been closed upon payment of the last instalment on 05.01.2025, as reflected from the statement of account filed as Annexure A/4. It is further submitted that the order dated 30.06.2026 passed in W.P.(Cr.) No. 322/2026 was passed in a different context and does not prejudice the applicant's claim for bail. Lastly, it is submitted that the applicant is a permanent resident, has deep roots in society, there is no likelihood of his absconding or tampering with prosecution evidence, and he is ready to abide by all the conditions that may be imposed by this Hon'ble Court; therefore, the applicant may kindly be enlarged on bail. 4. On the other hand, learned State counsel opposed the anticipatory bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 4
6.
Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, the nature of the allegations, the material available on record, and further considering the fact that the similarly situated co-accused, namely Smt. Shakun Bai, who is the mother-in-law of the deceased, has already been granted anticipatory bail by this Court in MCRCA No. 1093/2026 vide
order dated 21.07.2026, the present applicant is also entitled to the benefit of parity. It is further noteworthy that the husband and father-in- law of the deceased are already in judicial custody. Accordingly, without expressing any opinion on the merits of the case, this Court is of the considered view that the applicant deserves to be granted the benefit of anticipatory bail.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant –Toran Patel, on executing a personal bond and one local surety in the like sum to the satisfaction of the arresting Officer, he shall be released on bail on the following conditions:- (a) he 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) he shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) he 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 and the surety shall submit a copy of his
5 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) he shall not involve himself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav