Vimla Bai Sahu, W/o Late Chitendra Sahu, Aged About 46 Years R/o. Sarwani (Sa.) v. State Of Chhattisgarh Through Police Station Sakti, District – Sakti
Case Details
1 2025:CGHC:30576 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 973 of 2025 Vimla Bai Sahu, W/o Late Chitendra Sahu, Aged About 46 Years R/o. Sarwani (Sa.), Tehsil, Police Station And District Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Sakti, District – Sakti (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Manoj Paranjpe, Advocate. For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer. For Complainant : Mr. Kashish Saluja, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.07.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 198/2025 registered at Police Station – Sakti, District – Sakti (C.G.) for the offence punishable under Sections 108 read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The prosecution story, in brief, is that the incident was taken place on 01.04.2025, the FIR of the incident was lodged by the son of the deceased namely Jitendra Sahu inter alia on the allegations that, due to the harassment by the applicant and her family members i.e. the widow RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 of the Chitendra for the share in the property, Mahettar Ram Sahu committed suicide by hanging himself. It has been alleged that, in the suicide note left by the deceased it is quite apparent that due to the harassment and pressure for partition in the property of Mahettar Ram Sahu, he has committed suicide. Hence, this application. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is submitted that admittedly the Mahettar Ram Sahu has inherited the property from his ancestors and he had two sons namely Chitendra (husband of applicant) and Jitendra, and Chitendra and Jitendra were having the equal shares in the property but unfortunately Chitendra died on 04.07.2024, after the death of Chitendra, the other son of Mahettar Ram Sahu was not interested for giving any share to the applicant, and just to inherit the entire property of Mahettar Ram Sahu, the younger brother of Chitendra got executed gift deed in favour of his sone namely Bhupesh in respect of 0.48 dismil of land, and got executed the sale deed in favour of his son for 2.10 dismil of land in favour of Bhupesh. Looking to the family dispute the social meeting was also held in the village by intervention of elder members of society, and in the said meeting Mahettar Ram Sahu the father-in-law of the applicant Vimla Bai, has assured that Vimla Bai and her children will be given the appropriate share in the property, due to the said statement Jitendra was not happy and due to which Jitendra and his family members have left Mahettar Ram Sahu alone for few days, and all of a sudden on 01.04.2025 the Mahettar Ram Sahu committed suicide by hanging himself, and taking advantage of the same the FIR was lodged by Jitendra on a false allegations. Therefore, he prays for grant of anticipatory bail to the applicant. 3 4. On the other hand, learned State counsel as well as learned counsel for the complainant opposed the bail application and submits that the applicant is not entitled for grant of anticipatory bail in this case. 5. 6. I have heard learned counsel for the parties and perused the materials available on record. Considering the facts and circumstances of the case, nature and gravity of allegation leveled against the applicant, and from the perusal of the case diary it transpires that admittedly the Mahettar Ram Sahu has inherited the property from his ancestors and he had two sons namely Chitendra (husband of applicant) and Jitendra, and Chitendra and Jitendra were having the equal shares in the property but unfortunately Chitendra died on 04.07.2024, after the death of Chitendra, the other son of Mahettar Ram Sahu was not interested for giving any share to the applicant, and just to inherit the entire property of Mahettar Ram Sahu, the younger brother of Chitendra got executed gift deed in favour of his sone namely Bhupesh in respect of 0.48 dismil of land, and got executed the sale deed in favour of his son for 2.10 dismil of land in favour of Bhupesh. Looking to the family dispute the social meeting was also held in the village by intervention of elder members of society, and in the said meeting Mahettar Ram Sahu the father-in-law of the applicant Vimla Bai, has assured that Vimla Bai and her children will be given the appropriate share in the property, due to the said statement Jitendra was not happy and due to which Jitendra and his family members have left Mahettar Ram Sahu alone for few days, and all of a sudden on 01.04.2025 the Mahettar Ram Sahu committed suicide by hanging himself, and taking advantage of the same the FIR was lodged by Jitendra on a false allegations, at this stage without expressing any opinion on merits, this 4 Court is of the view that the applicant is entitled to be granted anticipatory bail in this case. 7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant – Vimla Bai Sahu on executing a personal bond with one surety in the like sum to the satisfaction of the arresting OfÏcer, 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 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 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 themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Rajshekhar