Kabirdham (C.G.) v. State Of Chhattisgarh Through
Case Details
1 2025:CGHC:1775 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 219 of 2025 Revati Sahu W/o Late Komal Sahu Aged About 35 Years R/o Village- Birkona, Police Station And Tahsil - Pipariya, District - Kabirdham (C.G.) ... Applicant versus State Of Chhattisgarh Through- Station House OfÏcer, Police Station- Pipariya, District- Kabirdham Chhattisgarh. ... Non-Applicant For Applicant
Legal Reasoning
people. There is no prima facie material on record to suggest that the applicant had abetted the deceased to commit suicide. The charge-sheet has already been filed in this case and no further investigation is required. Further, the applicant is in jail since 07.10.2024 and conclusion of the trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 3 5 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submitted that the applicant is the wife of the deceased and deceased committed suicide as it was suspected that the applicant was having illicit relationship with the co-accused, namely, Balaji Jaiswal who is already in jail . Therefore, the applicant is not entitled to be released on bail. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the applicant is a lady and also the wife of the deceased and further the fact that the deceased who had committed suicide, is stated to be an alcoholic person and prima facie there appears to be no sufÏcient material to hold that the applicant had abetted the deceased to commit suicide, I am inclined to allow this application. 8 Accordingly, the bail application is allowed. Let the applicant - Revati Sahu, involved in Crime No. 318/2024, registered at Police Station – Pipariya, District- Kabirdham(C.G.) for the offence punishable under Sections 306, 34 of Indian Penal Code, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- “(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of 4 bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against his under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against his, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against his in accordance with law.” 9 Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti
Arguments
: Mr. Amit Kumar Chaki, Advocate holding the brief of Mr. Tarun Dansena, Advocate. For Non-Applicant/State : Mr. S.S. Baghel, Deputy Government Advocate. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.01.15 15:51:25 +0530 Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 10/01/2025 1 Mr. Amit Kumar Chaki, learned cousnel for the applicant states that he has filed power in the registry of this Court today. He is permitted to argue the matter on behalf of the applicant. 2 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.318/2024, registered at Police Station – Pipariya, District- Kabirdham(C.G.) for the offence punishable under Sections 306, 34 of Indian Penal Code. 3 The case of the prosecution, in brief, is that the police registered a Merg 2 Intimation No. 19/2024 under Section 174 of the Code of Criminal Procedure regarding the death of Komal Sahu. A special investigation team (SIT) was constituted to investigate the matter. The SIT submitted its report on October 5, 2024, stating that no evidence of murder was found. However, the investigation revealed that the deceased had no option but to commit suicide due to his wife's (the present applicant) alleged illicit relationship with co-accused Balaji Jaiswal. Based on the SIT's report, an offense was registered against the applicant and co-accused Balaji Jaiswal under Sections 306 and 34 of the Indian Penal Code. The police investigated, seized articles, arrested the accused, and recorded witness statements. A charge sheet was filed before the Chief Judicial Magistrate, Kawardha, and the case was committed to the Sessions Court. The case is currently pending before the Additional Sessions Judge, Kawardha, as Session Trial No. 80/2024. 4 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant is the wife of the deceased and deceased committed suicide as he suspected that the applicant was having illicit relationship with the co-accused, namely, Balaji Jaiswal who is already in jail. Mr. Chaki further submits that the deceased himself was a habitual drinker and used to consume liquor every day and used to quarrel with