Sheela Singh Wd/o Late Shri Madan Panika (Wrongly Mention Dewangan In Annex. A-1) Aged v. State of Chhattisgarh Through - Station In-charge P.S. - Jainagar, District - Surajpur
Case Details
1 2025:CGHC:10323 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1629 of 2025 Sheela Singh Wd/o Late Shri Madan Panika (Wrongly Mention Dewangan In Annex. A-1) Aged About 32 Years R/o Vill. Jainagar, P.S. Jainagar, Tah. And Distt. Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through - Station In-charge P.S. - Jainagar, District - Surajpur (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Shashi Bhushan Tiwari, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Laywer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03.03.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 86/2024 registered at Police Station – Jainagar, District Surajpur (C.G.), for the offence punishable under Section 306 of the Indian Penal Code. 2. The prosecution's story, in a nutshell, is that Laxman Panika, the ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.03.05 10:33:18 +0530 2 father of the deceased Madan Panika, filed a report at the Jainagar police station regarding Madan's death. Laxman and Madan's mother, Jugani Bai, submitted an application to the Superintendent of Police, Surajpur, alleging that Madan was murdered by his wife, Sheela Singh. However, the investigation revealed that Sheela and Madan had a love marriage. It was found that Sheela would pressure Madan to pay loan installments and demand land, property, and money from his father. When Madan refused, Sheela would fight and beat him. Fed up with the repeated harassment, Madan committed suicide by hanging himself inside his house on 02.11.2023. A case under Section 306 of the Indian Penal Code was registered against Sheela, who was arrested on 16.04.2024. 3. Learned Counsel for the applicant submits that the applicant has been falsely implicated in this case. He argues that the applicant is the wife of the deceased, who had taken a loan from the bank. It is alleged that the applicant pressured the deceased to repay the loan, which led to the deceased committing suicide. He further submits that the injuries sustained by the deceased occurred when the applicant attempted to bring down the deceased's body, resulting in the said injuries. Additionally, he points out that there is no suicide note left behind by the deceased to support the allegations against the applicant. He further submits that the applicant is in jail since 16.04.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge- 3 sheet has already been filed before the competent Court. He argues that the applicant would pressure Madan to pay loan installments and demand land, property, and money from his father. When Madan refused, the applicant would fight and beat him. Fed up with the repeated harassment, Madan committed suicide by hanging himself, therefore, she is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, and further the fact that the allegations against the applicant is that she had pressured the deceased for payment of a loan taken by him, but no such documents have been filed or produced by the prosecution to prove the allegations against the applicant, moreover, it is stated that the injuries sustained by the deceased occurred when the applicant attempted to bring down the deceased's body, resulting in the said injuries. Also considering the fact that the charge-sheet has already been submitted before the competent Court in the present case and the present applicant has been in jail since 16.04.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sheela Singh, involved in Crime No. 86/2024 registered at Police Station – Jainagar, District Surajpur (C.G.), for the offence punishable under Section 306 of the Indian Penal Code, be released on bail on furnishing personal bond with two 4 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 she 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 5 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 her 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. - Abhishek Sd/- (Ramesh Sinha) Chief Justice