High Court of Chhattisgarh rejected an application for anticipatory bail under Section 438 CrPC. The court held that considering the nature of allegations and statements by the deceased's relatives, the applicant was not a fit case for anticipatory bail in a suicide case.
The anticipatory bail application was rejected; no bail grant made.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCRCA No. 285 of 2021
---- Applicant/accused
Versus
---- Non-applicant/prosecution
For Applicant For Non-applicant
: Mr. Suresh Pandey, Advocate : Mr. Alok Nigam, Govt. Advocate
Hon'ble Mr. Justice Parth Prateem Sahu Order On Board
05/04/2021
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committed suicide. The applicant has not committed any offence of abetment as alleged against him. There is no allegation and material that present applicant has committed any cruelty upon the deceased soon before the incident. He further submits that FIR was lodged after lapse of one month from the date of incident. Case registered against the applicant is false and fabricated. Hence, the applicant may be enlarged on anticipatory bail.
Sd/ (Parth Prateem Sahu) Judge
roshan/-
2 issues framed by the court
Whether an application for anticipatory bail under Section 438 CrPC entertainable where applicant apprehends arrest under Section 306 IPC for dowry death.
Whether the gravity of the accused's alleged conduct in a case of abetment of suicide warrants rejection of anticipatory bail.
2 provisions across 2 enactments
Rohit Patel
State of Chhattisgarh
Parth Prateem Sahu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
