1 2026:CGHC:2296 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 75 of 2026 Vinod Tripathi S/o Shri Guru Prasad Tripathi Aged About 39 Years R/o Vill- Baturakachhar, Tah. And P.S.- Pipariya, District : Kawardha (Kabirdham), Chhattisgarh ...Applicant versus State Of Chhattisgarh Through S.H.O. P.S. Pipariya, District : Kawardha (Kabirdham), Chhattisgarh ...Non-applicant For Applicant : Mr. Ravindra Sharma, Advocate. For Non-applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2026 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. 321/2025 registered at Police Station – Pipariya District – Kabirdham (C.G.) for the offences punishable under Sections 108, 85, 3(5) of the BNS and Section 306, 498(A), 34 of the IPC. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.01.15 13:34:51 +0530 2 2. According to the prosecution, Police Station Pipariya received Marg Intimation No. 52/2025 regarding the death of Rani Tripathi, who sustained serious injuries on the intervening night of 07.10.2025 and later succumbed during treatment on 12.10.2025. On the basis of the said Marg intimation, an FIR was registered against the present applicant, who is the husband of the deceased, along with other in- laws. It is alleged that in her statement recorded during treatment, the deceased stated that after about one year of marriage, the applicant used to subject her to cruelty, particularly under the influence of alcohol. She further alleged that on 06.10.2025, the applicant assaulted her and thereafter left the house, and despite her attempts to contact him, he did not respond. It is further alleged that thereafter, her in-laws asked her to leave the house, holding her responsible for the family disputes. Being deeply distressed by these circumstances, she took an extreme step, resulting in severe injuries. The deceased was first taken to the District Hospital and thereafter referred to Kalda Burn and Surgery Center, Raipur, where her statement was recorded on 07.10.2025. On the basis of the said statement, the present FIR has been registered against the applicant and other family members, and the prosecution alleges that their acts of cruelty and conduct drove the deceased to take the said step. 3. Learned Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. He further submits, that the applicant has not committed any offence as alleged and was not present at the house at the time of the incident; in fact, the other family members initially took his wife to the District Hospital and, upon receiving information, the applicant immediately reached 3 there and thereafter took her to Kalda Burn and Plastic Surgery Center, Raipur, making every possible effort to save her life and spending more than Rs. 8,00,000/- on her treatment. It is further submitted that in the dying declaration, no specific allegation has been made against the present applicant except that he had left the house in the evening, and after the unfortunate demise of Rani Tripathi on 12.10.2025, the applicant performed her last rites. The applicant and the deceased were living separately from other family members after two months of marriage, and now there is no one in the family to take care of their minor children; the minor daughter, Shivi Tripathi, aged about 3 years, is presently undergoing treatment, and the applicant is the only person to look after them. The applicant has neither abetted the deceased to take any such step nor was he present at the time of the alleged incident. He is a government servant posted as Male Health Worker at Sub-Health Centre, Raja Navagaon, Bodla, District Kabirdham (C.G.), and his arrest would seriously prejudice his service career. The applicant undertakes to fully cooperate with the investigation, and it is also pertinent that the co-accused, against whom no direct allegation was made in the dying declaration, have already been granted bail by this Hon’ble Court vide order dated 02.01.2026 in MCRCA No. 1978/2025. It is further submitted that the marriage was solemnized on 30.05.2018 and during the lifetime of the deceased no complaint of cruelty, ill-treatment, or dowry demand was ever made against the applicant or his family members, and the present allegations have been falsely levelled after her death. The applicant is a permanent resident of Village Baturakachhar, Tahsil and Police Station Pipariya, District Kabirdham (C.G.), there is no 4 likelihood of his absconding or tampering with the prosecution witnesses, and he is ready to abide by all the terms and conditions that may be imposed by this Hon’ble Court while granting bail. 4. On the other hand, learned State Counsel appearing for the non- applicant/State opposes the bail application and submits that the dying declaration goes to show that the applicant regularly misbehaved with the victim and committed acts of cruelty; therefore, the applicant is not entitled to the grant of anticipatory 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 submissions advanced by the learned counsel for the parties, the nature of the dispute, and the material available in the case diary, it prima facie appears that the deceased, Rani Tripathi, who was admitted to the District Hospital on 07.10.2025, had made a statement before the police in the presence of the medical officer. In her dying declaration, recorded by the Sub-Inspector of Police, she stated that after one year of marriage her husband used to subject her to ill-treatment under the influence of alcohol and that on 06.10.2025 he had assaulted her and thereafter left the house. She further alleged that her in-laws also taunted her and asked her to leave the house, which caused her severe mental distress. The case diary further reveals that during the inquest proceedings, statements of the maternal relatives of the deceased were recorded, wherein they consistently alleged that the deceased had been harassed by her husband and in-laws since her marriage and that such conduct compelled her to take the extreme 5 step. It is also borne out from the record that a written complaint in this regard had earlier been submitted to the Superintendent of Police. At this stage, the allegations against the applicant are serious in nature and are supported by the dying declaration as well as the statements of close relatives of the deceased. The investigation is still in progress and the role of the applicant requires thorough examination. In view of the gravity of the offence, the prima facie material available on record, and the stage of investigation, this Court is of the considered opinion that this is not a fit case for grant of bail to the applicant. Accordingly, the bail application is rejected. 7. Accordingly, the anticipatory bail application of the applicant – Vinod Tripathi, involved in Crime No. 321/2025 registered at Police Station – Pipariya District – Kabirdham (C.G.) for the offences punishable under Sections 108, 85, 3(5) of the BNS and Section 306, 498(A) & 34 of the IPC, is rejected. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav