Nafr High Court
Case Details
KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 1 2025:CGHC:23581 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4367 of 2025 Ghanshyam Singh @ Sonu S/o Khelsai Aged About 20 Years Occupation Agriculture Caste Gond R/o Village Mendra (Patelpara) P.S. And Tahsil Premnagar District Surajpur (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Premnagar District- Surajpur (C.G.) ---- Non-applicant(s) For Applicant
Legal Reasoning
to her. The charge-sheet has been filed and prima facie evidence suggests that the accused's harassment and abetment led to the deceased's suicide. However, there was no any injury was found on on the deceased. As such, this Court not inclined to grant bail to the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court further, the fact that the deceased committed suicide by consuming pesticide, she was in a relationship with the applicant, who was pressuring her to marry him however, she did not want to marry with the applicant and allegedly, due to the mental harassment caused by this pressure, she consumed poison and ended her life and also considering the fact that no injuries were found on the body of the deceased thus, this Court is of the view that the applicant is entitled 4 to be released on bail in this case. 7. Let the Applicant -Ghanshyam Singh @ Sonu involved in Crime No. 39/2025 registered at Police Station Premnagar, District- Surajpur (C.G.) for the offence punishable under Section 108 of B.N.S., 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 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 5 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal
Arguments
: Mr. Sakti Raj Sinha, Advocate For Non-Applicant : Mr. Shubham Bajpayee, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 12/06/2025 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. 39/2025 registered at Police Station Premnagar, District- Surajpur (C.G.) for the offence punishable under Section 108 of B.N.S. 2. Case of the prosecution, in brief, is that a merg has been lodged on 27.01.2025 that the deceased namely Rajkumari consumed poisonous pesticide on 24.01.2025 and was hospitalised, where 2 during treatment she succumbed to death on 27.01.2025. During investigation it was alleged that applicant use to force the deceased to marry him on the way to her college, due to which she committed suicide. Therefore, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the present applicant is innocent person and he has been falsely implicated in this case. He further submits that the applicant has never harassed the deceased which would abet the offence of section 108 of B.N.S, perhaps the applicant & deceased were in love relation and wanted to get married but the family of the deceased objected the same due to which she consumed pesticide, therefore family of deceased have falsely implicated the applicant. The love relation of deceased and applicant is also evident from statement of friend of deceased namely Supriya Singh. He further submits that the incident is of 24.01.2025 and deceased died on 27.01.2025 but no dying declaration was recorded and no report has been lodged even after 4 months and during investigation on the basis of statement of father and mother, false case has been registered against the applicant. He further submits that the applicant has no previous criminal record and the applicant is in jail since 26.04.2025 and in the present case, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the 3 statements of the deceased's parents, Samaylal and Sukhmania, and her friend Sonia Rajavade, were recorded under Section 180 of the BNSS. The parents of the deceased stated that the accused, Ghanshyam alias Sonu, had been pressuring their daughter to marry him while traveling from Surajpur to Ambikapur, which led to her consuming poison and committing suicide. The friend, Sonia, also corroborated this account, stating that the accused had been harassing her on the way to college and their disputes were known