1 2026:CGHC:17277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 553 of 2026 1 - Munna Khan @ Naaj Ahmed S/o Sarfuddin Aged About 57 Years, 2 - Tawaida Bibi W/o Munna Khan @ Naaj Ahmed Aged About 58 Years, 3 - Samrun Nisha W/o Manjur Khan Aged About 51 Years, All are R/o Village- Chando (Ginjaipara), PS Chando, Tehsil- Kusmi, District- Balrampur-Ramanujganj (C.G.) ... Applicants versus The State Of Chhattisgarh Through The Station House Officer, Police Station - Chando, District- Balrampur-Ramanujganj (C.G.) ... Respondent For Applicants : Shri Neeraj Kumar Mehta, Advocate. For Respondent/State : Ms. Vaishali Mahilong, Dy.G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Order On Board 15/04/2026 1. The applicants have preferred this application under Section 482 of the Bharatiya Nagarik Suruksha Sanhita, 2023, for grant of anticipatory GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.04.17 14:53:21 +0530 2 bail, apprehending their arrest in connection with Crime No.10/2010 registered at Police Station Chando, Balrampur-Ramanujganj, (C.G.) for alleged commission of offence punishable under Sections 302, 201/34 of IPC. 2. As per the case of the prosecution, name of deceased is Amina Bibi, sister-in-law of accused/appellant No. 1-Munna Khan @ Naaj Ahmed. The deceased was residing in her matrimonial home situated at Village Chando, District Surguja along with her husband (acquitted co- accused) (Sadik Khan). It is alleged that on or about 11.04.2010 the accused/applicants along with acquitted co-accused persons committed murder of the deceased by pressing her neck with the help of nylon rope and thereafter when they were taking the body of deceased to Village Gadhwa (Jharkhand) in the vehicle of Farid (PW-2) hired by them, on the way Abdul Hannan, brother of deceased, and Gyansuddin, uncle of deceased, intercepted the vehicle, brought it to Police Station Gadhwa (Jharkhan) and it was noticed that deceased had already died. A written complaint was made by Abdul Hannan in the Police Station Gadhwa based on which inquest report was prepared on 11.04.2010 at 5:30 p.m. and thereafter post-mortem on the body of deceased was conducted by Dr. Jwala Prasad Singh who noticed bruises on the body of deceased and opined that cause of death is asphyxia due to strangulation and duration of death was 24 to 36 hours from the post-mortem examination. FIR was registered. 3. Learned counsel for the applicants submitted that the deceased was the wife of the brother of the applicant No.1 and she was murdered and the husband of the deceased was Sadik Khan along with the present 3 applicants & Manjur Khan were named in the FIR. He would submit that Sadik Khan & Manjur Khan were put to trial, they were convicted by the trial court and acquitted by the High Court. He would submit that applicants No.1 & 2 are husband and wife and applicant No.3 is the wife of the co-accused Manjur Khan who has been acquitted by the High Court. Hence, the applicants may be granted benefit of anticipatory bail as the police did not make any effort to arrest them. 4. On the other hand, learned State counsel opposes the prayer for grant of anticipatory bail and submitted that the case is of the year 2010 and charge sheet has been submitted against the applicants/accused as an absconder. She would submit that the two co-accused who have been acquitted by the High Court cannot be a ground for grant of anticipatory bail in a murder case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts & circumstances of the case, submission of learned counsel for the parties, materials available on record, further considering the fact that it is a case of murder which is of the year 2010 and charge sheet has been submitted against the applicants/accused as an absconder and also in the light of the judgment of Supreme Court in Lavesh v. State (NCT of Delhi), reported in {(2012) 8 SCC 730} and State of Madhya Pradesh v. Pradeep Sharma, reported in {(2014) 2 SCC 171}, wherein it has been observed that where the accused has been declared as an absconder and has not cooperated with the investigation, he should not be granted anticipatory bail, 4 therefore this Court does not find it to be a fit case to enlarge the applicants on anticipatory bail. 7. Accordingly, the anticipatory bail application of the applicants - Munna Khan @ Naaj Ahmed, Tawaida Bibi & Samrun Nisha, involved in Crime No.10/2010 registered at Police Station Chando, Balrampur- Ramanujganj, (C.G.) for alleged commission of offence punishable under Sections 302, 201/34 of IPC is rejected. Sd/- (Ramesh Sinha) Chief Justice gouri