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2026 DAILYLAW 4434 (CHH)

VINITA GUPTA v. STATE OF CHHATTISGARH

MCRCA/244/2026 · 2026-02-12

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1 2026:CGHC:8131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 244 of 2026 Vinita Gupta W/o Krishna Gupta Aged About 38 Years R/o Gurunanak Chowk, Torwa, PS Torwa, District- Bilaspur, Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through Police Station- Torwa, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Danish Ahmad Siddiqui, Advocate. For Non-applicant/State : Ms. Ankita Shukla, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13.02.2026 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the Applicant, who is apprehending her arrest in connection SISTLA NEELIMA VISHNU PRIYA Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2026.02.18 15:36:19 +0530 2 with Crime No.21/2026 registered at Police Station – Torwa, District – Bilaspur (C.G.) for the offence punishable under Sections 108 and 3(5) of BNS, 2023. 2. As per the prosecution case, on 27.09.2025, Merg No. 40/2025 under Section 194 of the BNSS was registered at Police Station Torwa, District Bilaspur, regarding the death of Aarti Yadav, aged about 25 years, daughter of Shiv Prasad Yadav, resident of Lofandi, Police Station Koni, District Bilaspur (C.G.). The deceased was found hanging from a ceiling fan with a dupatta in her rented house near Durga Pandal, Mandi Road. Inquest and post-mortem proceedings were conducted and the post-mortem report opined the cause of death to be asphyxia due to hanging. During the Merg inquiry, a suicide note was recovered and statements of Rama Bai Yadav (mother of the deceased) and Rajesh Yadav were recorded alleging that accused Vinita Gupta and others used to doubt the character of the deceased and quarrel with her. On the basis of the above allegation, the aforesaid offences have been registered against the present Applicant. Hence, this application. 3. Learned counsel for the Applicant submits that the Applicant is innocent and has been falsely implicated in the present case, having no connection with the alleged incident or 3 commission of any heinous offence. It is contended that no specific overt act has been attributed to the Applicant which could have directly driven the deceased to commit suicide, nor is there any material to suggest intentional instigation or coercion on her part. The Applicant was not present at the place of occurrence and the post-mortem report confirms death due to suicidal hanging without any allegation of physical assault or use of force. It is further submitted that the deceased had been working for several years in a home- based masala manufacturing unit run and managed exclusively by the Applicant’s husband, in which the Applicant had no role or interference and there was no relevant interaction between the Applicant and the deceased prior to the incident. As the case is based solely on documentary material and recorded statements already in possession of the police, no custodial interrogation is required, therefore she deserves to be granted anticipatory bail. 4. Learned State counsel opposes the prayer for anticipatory bail and submits that the allegations against the Applicant are serious in nature and arise from a suicide note as well as statements of the close relatives of the deceased, which prima facie indicate her involvement in subjecting the deceased to harassment and character assassination, 4 ultimately driving her to commit suicide. It is contended that the investigation is at a crucial stage and custodial interrogation of the Applicant is necessary to ascertain the true sequence of events and the extent of her role. Considering the gravity of the offence, the manner in which the incident occurred, and the material collected during inquiry, it is argued that the Applicant is not entitled to the discretionary relief of anticipatory bail at this stage. 5. Upon hearing learned counsel for the parties and considering the material available in the case diary, this Court notes that the death of the deceased is prima facie suicidal, as per the post-mortem report showing asphyxia due to hanging, without any allegation of physical assault. The accusations against the Applicant are based mainly on the suicide note and statements of relatives, and no specific act of instigation directly attributable to the Applicant is evident at this stage. The record further suggests that the dispute stemmed from the Applicant’s objection to an alleged extra-marital relationship between her husband and the deceased, following which the deceased is stated to have taken the extreme step. As the case rests on documentary and oral evidence already collected, with no requirement of custodial interrogation, this Court finds it a fit case for grant of 5 anticipatory bail. 6. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the Applicant – Vinita Gupta, on executing a personal bond with one surety in the like sum to the satisfaction of the arresting Officer, she 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 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 her by the said Court till disposal of the trial. (d)The Applicant and the surety shall submit a copy of their adhaar card alongwith a colored 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 herself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Priya