Jashpur (Chhattisgarh) v. PREETI KUMARI Digitally signed by PREETI KUMARI Date
Case Details
1 2025:CGHC:996 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRCA No. 7 of 2025 1. Jagatpal Yadav S/o Hari Yadav Aged About 45 Years Old R/o Gram Sanna Tehsil Sanna District - Jashpur (Chhattisgarh) 2. Balwant Yadav S/o Bajrang Yadav Aged About 28 Years Old R/o Gram Sanna Tehsil Sanna District - Jashpur (Chhattisgarh) ... Applicant versus PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.08 16:03:34 +0530 State of Chhattisgarh Through Police Station Sanna Tehsil Sanna District - Jashpur (C.G.) ... Non-Applicant For Applicants
Legal Reasoning
: Mr. Anshul Tiwari, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07.01.2025 1. This anticipatory bail application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the applicants, who are apprehending their arrest in connection with Crime No. 79/2024 registered at Police Station – Sanna, District - Jashpur (C.G.) for the offence punishable under Sections 108, 308 and 133 of Bharatiya Nyay Sanhita, 2023. 2. The prosecution story, in brief, is that the complainant Premnath Yadav has lodged a written complaint on 29.11.2024 inter alia on the allegations 2 that his son has gone missing and therefore missing report was lodged. On 01.12.2024 the relatives of the complainant Ramcharan Yadav and son in law Hardayal Yadav when they were looking for the deceased, they found the deceased hanging on a tree in a forest and thereafter they have informed same to the complainant and the complainant visited forest on dated 02.12.2024 and found his son hanging on a tree. It was also alleged that the complainant was informed by his own nephew on 29.11.2024 about the Facebook post of the deceased whereby he has mentioned the name of Balvant Yadav, Shravan Sachiv and Jagatpal Yadav and has stated that they are liable for the abetment of suicide of deceased. It has also been alleged that on 31.07.2024 accused persons along with applicants has assaulted his son, on the ground that the deceased was having an illicit relationship with Tapeshwari Yadav who is the wife of other accused no. 2 namely Balwant Yadav and has demanded rupees 2,00,000/- and rupees 5,00,000/- and if the deceased failed to give the aforesaid amount the accused person will falsely implicate the deceased in a Rape case, due to which the Deceased has committed suicide and accused persons are liable for his death. On the said incident the FIR was lodged on dated 02.12.2024 in Police Station Sanna District Jashpur against the applicants along with other two co- accused. 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 the applicant No. 2 has caught deceased red handed while having illicit relation with his wife and as per the case of the prosecution also it is clear that the deceased was having an illicit relationship with the wife of applicant No. 2, namely, Tapeshwari Yadav and when deceased caught red handed the applicant No. 2 had some 3 scufÒed with the deceased, thereafter applicant No. 2 has advised deceased to not commit such acts again with his wife and had directed to never meet again. He further submitted that there is no suicide note or conclusive evidence directly attributing the deceased’s suicide to any act or omission by the applicants. The deceased’s alleged social media post is not a legally reliable piece of evidence for abetment. Further, there is a significant delay between the alleged incidents (31.07.2024) and lodging the FIR (02.12.2024). It is also submitted that the co-accused person, namely, Prithvichand Yadav has already been granted anticipatory bail by this Court vide order dated 19.12.2024 passed in MCRCA No. 1463/2024. The copy of the same has been annexed as Annexure A/2 of this bail application. Therefore, he prays for grant of anticipatory bail to the applicant. 4. On the other hand, learned State counsel as well as the learned counsel for the objector oppose the bail application and submits that on 31.07.2024 accused persons along with applicants has assaulted the deceased, on the ground that the deceased was having an illicit relationship with Tapeshwari Yadav who is the wife of other accused/applicant No. 2 namely Balwant Yadav and has demanded rupees 2,00,000/- and rupees 5,00,000/- and if the deceased failed to give the aforesaid amount the accused person will falsely implicate the deceased in a Rape case, due to which the deceased has committed suicide and accused persons are liable for his death. Therefore, the applicants are not entitled for grant of anticipatory bail in this case. 5. I have heard learned counsel for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, nature and gravity 4 of allegation leveled against the applicants, and from the perusal of the case diary it transpires that the deceased was having an illicit relationship with the wife of applicant No. 2, namely, Tapeshwari Yadav and when deceased caught red handed the applicant No. 2 had some scufÒed with the deceased, thereafter applicant No. 2 has advised deceased to not commit such acts again with his wife and had directed to never meet again, further the fact that there is no suicide note or conclusive evidence directly attributing the deceased’s suicide to any act or omission by the applicants and also there is a significant delay between the alleged incidents (31.07.2024) and lodging the FIR (02.12.2024), further, the co-accused person, namely, Prithvichand Yadav has already been granted anticipatory bail by this Court vide order dated 19.12.2024 passed in MCRCA No. 1463/2024, hence, this Court is of the view that the applicants are 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 Nos. 1 and 2 – Jagatpal Yadav and Balwant Yadav 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 Applicants 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 them from disclosing such fact to the Court. (b) The Applicants shall not act in any manner which will be prejudicial to fair and expeditious trial. (c) The Applicants 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 Applicants 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 5 be verified by the trial Court. (e)The Applicants shall not involve themself in any offence of similar nature in future. Sd/- (Ramesh Sinha) CHIEF JUSTICE Preeti