KAILASH @ BITTU YADAV (AS MENTIONED IN FIR) v. STATE OF CHHATTISGARH
MCRCA/1369/2026 · 2026-08-19
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[ 2026 DAILYLAW 32503 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 32503 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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CGHC010323442026
2026:CGHC:37445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No.1369 of 2026 1 - Kailash @ Bittu Yadav (As Mentioned In Fir) S/o Ram Prasad Yadav Aged About 21 Years R/o Rohini Basti, Thana- Bankimongara, Distt.- Korba (C.G.)
Applicant (s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station - Bankimongara, Distt.- Korba (C.G.) Respondent(s) For Applicant (s) : Ms. Itu Bhattacharya, Advocate For Respondent(s) : Mr. S. S. Baghel, GA Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 20.08.2026
1. This first anticipatory bail application filed 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.141/2026 registered at Police Station Bankimongara, District Korba (C.G.) for the offence punishable under Section 108 of BNS. Digitally signed by R NIRALA
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2. The prosecution case, in brief, is that the complainant lodged a written report at the police station concerned on 11.07.2026 stating that she had gone to Chennai for labor work. On 11.05.2026 she was informed by her sister that her daughter is seriously ill. On 13.05.2026 she reached at Bankimongara where she came to know that her daughter has committed suicide by hanging. She stated in her application that her daughter had informed her that applicant threaten to beat her. Her neighbors had informed her that on 11.05.2026 applicant had beaten the deceased therefore she committed suicide. Thereafter a case was registered against the applicant.
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Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in crime in question. It is further submitted that there is delay of 2 months in lodging the FIR and no plausible explanation has been given in this regard. No suicide note from the deceased was recovered and there is no eye witness account to the incident. The cause of death is asphyxia due to hanging, which is evident from the medical report, as such the applicant has wrongly been roped in the crime in question. Therefore, the present applicant may be enlarged on anticipatory bail. 4. On the other hand, learned State counsel for the non-applicant/State, would oppose the bail application of the applicant and submit that there is serious allegation of abetment to suicide against the applicant and because of his instigation,
3 the deceased committed suicide, therefore, he may not be enlarged on anticipatory bail at this stage. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature of allegation levelled against the present applicant and further considering the fact that no suicide note has been recovered from the deceased and there is no eye witness account to the incident and further considering that the cause of death is asphyxia due to hanging, as is evident from the medical report, therefore, without commenting further anything on merits, I am inclined 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 – Kailash @ Bittu Yadav, on executing a 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) 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/her 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/her by the said Court till disposal of the trial.
4 (d) the applicant and the surety shall submit a copy of his/her 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) the applicant shall not involve himself/herself in any offence of similar nature in future.” Sd/- (Ramesh Sinha) Chief Justice Nirala