Chattisgarh High Court
Umakant Rathore vs State Of Chhattisgarh on 27 March, 2026
Author: Ramesh Sinha
Bench: Ramesh Sinha
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2026:CGHC:14479
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRCA No. 460 of 2026
Umakant Rathore S/o Harish Rathore, Aged About 35 Years R/o
Kanhaiband, Police Station Janjgir District- Janjgir Champa (C.G.)
... Applicant
versus
State of Chhattisgarh Though Police Station Gidhoari, District Baloda-
Bazar Bhatapara (C.G.)
... Non-applicant
For Applicant : Mr. Yashkaran Singh, Advocate.
For Non-applicant/State : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
27.03.2026
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. 273/2025 registered at Police Station Gidhoari, District Baloda- Bazar Bhatapara, (C.G.) for the offence punishable under Sections 105 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
2. As per the prosecution's case, in brief is that on 08.06.2025 at about 06:00 PM, the deceased, Anju Prajapati, who was pregnant RAHUL DEWANGAN for the second time, experienced severe labour pain, due to which Digitally signed by RAHUL DEWANGAN 2 her family members took her to the residence of a retired nurse, Saroj Verma, at Village Amodi, District Balodabazar-Bhatapara (C.G.). It is alleged that the said nurse examined the deceased and conducted the delivery at her residence, wherein a child was delivered in a dead condition. During the course of delivery, the deceased is stated to have suffered excessive blood loss, and thereafter she was referred to Sanskar Hospital, Katgi for further treatment, where she ultimately succumbed during the course of treatment. Hence, the present anticipatory bail application.
3. Learned counsel for the applicant submits that the present FIR has primarily been registered against the doctors and staff of the concerned hospital who were present on the date of the incident, and so far as the present applicant is concerned, he is a contractual doctor at CIMS, Bilaspur and merely a visiting doctor at the said hospital, having no direct connection with the alleged incident. It is contended that there is not even a whisper of allegation against the applicant either in the FIR or in the charge-sheet, and no material has been brought on record to demonstrate his involvement. It is further submitted that similarly placed co-accused person, who is the main accused, namely, Saroj Verma, has already been granted anticipatory bail by this Hon'ble Court in MCRCA No.47/2026 vide order dated 14.01.2026 and other co-accused persons have already been granted regular bail by this Hon'ble Court. It is also urged that on the date of the incident, the applicant was not present at the said hospital and this fact finds support from the statement of the main accused as well, and the applicant has been regularly 3 discharging his duties at CIMS, Bilaspur, which is substantiated by the attendance record and employment documents. It is further submitted that the applicant has fully cooperated with the investigation and had appeared before the police authorities when called, and there has been no attempt on his part to evade the process of law. It is contended that the allegation regarding his non- cooperation or disappearance is wholly baseless and concocted, as the applicant has all along been available at his place of posting. It is further submitted that the entire case is directed against the main accused persons who were present at the relevant time, and the implication of the present applicant is an afterthought, made only with an intention to harass and tarnish his reputation. Hence, it is prayed that the applicant be granted anticipatory bail.
4. On the other hand, learned State counsel, appearing for the non -
applicant/State, opposes the submission made by the learned counsel for the applicant and submits that the allegations are serious in nature and relate to gross negligence in conducting the delivery, which resulted in the death of the deceased. It is contended that the matter is still under investigation and the role of the present applicant cannot be ruled out at this stage, as he is connected with the concerned hospital. It is further submitted that grant of anticipatory bail at this stage may adversely affect the investigation. Hence, the application deserves to be rejected.
5. I have heard learned counsel for the parties and perused the case diary.
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6. Considering the facts and circumstances of the case, the nature of allegations and the material available on record, it appears that there is no specific allegation against the present applicant either in the FIR or in the charge-sheet, and his presence at the place of occurrence is also not established. It is further reflected that the main accused, namely, Saroj Verma, has already been granted anticipatory bail by this Court in MCRCA No.47/2026 vide order dated 14.01.2026 and other co-accused persons have already been granted regular bail by this Court and the applicant is stated to have cooperated with the investigation. Therefore, this Court is of the considered opinion that the applicant deserves to be enlarged on anticipatory bail.
7. Accordingly, the instant MCRCA is allowed and it is directed that in the event of arrest of the applicant - Umakant Rathore on executing a personal bond and one surety in the like sum to the satisfaction of the arresting Officer, 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 5 disposal of the trial.
(d) The applicant and the surety shall submit a copy of her adhaar card along with a coloured 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 himself in any offence of similar nature in future.
Sd/-
(Ramesh Sinha) Chief Justice Rahul Dewangan