Nafr High Court
Case Details
1 2025:CGHC:8007 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1304 of 2025 Pritam Sahu S/o Rupsingh Sahu Aged About 37 Years R/o Village Chandi, Police Station Suhela, District Balodabazar, Chhattisgarh. versus State of Chhattisgarh Through The SHO, Police Station- Suhela, District – Balodabazar-Bhatapara, Chhattisgarh. ---- Non-applicant ... Applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Siddharth Pandey, Advocate. Ms. Ankita Shukla, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 14.02.2025 Order on Board RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI Date: 2025.02.14 17:02:49 +0530 1. 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. 311/2024, registered at Police Station – Suhela, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that Merg Intimation No. 61/2024 was given by Devendra Kumar Sahu at Police Station Suhela on 13.12.2025 regarding the unnatural death of the deceased Dhaneshwari Sahu, wife of the applicant/accused Pritam Sahu. It is alleged that, on 14.11.2024, the deceased Dhaneshwari Sahu engaged in an argument with the applicant/accused regarding his not going to job/work, in response, the applicant/accused contended that he worked daily but had not gone to 2 work that day, thereafter, in a fit of rage, he physically assaulted the deceased by slapping and hitting her with his hands and fists, distressed by the said assault, the deceased consumed Rat poison, following the poisoning, her health deteriorated, and she was initially admitted to District Hospital, Balodabazar, on 16.11.2024 for medical treatment, subsequently, she was referred to Chandadevi Tiwari Hospital, Balodabazar, on 19.11.2024, where she succumbed to death during treatment on 20.11.2024, thereafter, an FIR was registered and in the postmortem examination, the cause of death remained undetermined, and the viscera was preserved for chemical analysis. After completion of investigation, the charge sheet was filed. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that the applicant happens to be the husband of the deceased and the marriage between the two was solemnized in the year 2011, and as per the allegations, due to some dispute arose between the applicant and the deceased, the deceased consumed Rat poison, admitted in Hospital and subsequently died on 20.11.2024, but the postmortem report does not ascertain the cause of death and the viscera report is still pending and and there is no any insize wound in the body of the deceased lady. The applicant is in jail since 19.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted on 14.11.2024, the deceased Dhaneshwari Sahu engaged in an argument with the applicant/accused regarding his not 3 going to job/work, in response, the applicant/accused contended that he worked daily but had not gone to work that day, thereafter, in a fit of rage, he physically assaulted the deceased by slapping and hitting her with his hands and fists, distressed by the said assault, the deceased consumed Rat poison, following the poisoning, her health deteriorated, and she was initially admitted to District Hospital, Balodabazar, on 16.11.2024 for medical treatment, subsequently, she was referred to Chandadevi Tiwari Hospital, Balodabazar, on 19.11.2024, where she succumbed to death during treatment on 20.11.2024, therefore, he is not entitled for grant of bail. I have heard learned counsel for the parties and perused all of the documents available on record. 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 happens to be the husband of the deceased and the marriage between the two was solemnized in the year 2011, and as per the allegations, due to some dispute arose between the applicant and the deceased, the deceased consumed Rat poison, admitted in Hospital and subsequently died on 20.11.2024, but the postmortem report does not ascertain the cause of death and the viscera report is still pending and and there is no any insize wound in the body of the deceased lady, charge-sheet has been filed against the applicant, the applicant is in jail since 19.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 5. 6. 7. Let applicant, Pritam Sahu, involved in Crime No. 311/2024, registered at Police Station – Suhela, District – Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 108 of the BNS, be released on 4 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 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 sufÏcient cause, the trial court may proceed against him 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 him, 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 sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Rajshekhar Sd/- (Ramesh Sinha) Chief Justice