Aubray Hale S/o Shri M. Hale Aged About 40 Years R/o N.E Colony Torwa v. State Of Chhattisgarh Through The Police Station Torwa District Bilaspur C.G. 495001 ---- Non
Case Details
1 KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN HIGH COURT OF CHHATTISGARH AT BILASPUR 2025:CGHC:32072 NAFR MCRC No. 5398 of 2025 Aubray Hale S/o Shri M. Hale Aged About 40 Years R/o N.E Colony Torwa Behind Police Station Torwa Police Station Torwa Tahsil And District Bilaspur (C.G.) 495001 ... Applicant(s) versus State Of Chhattisgarh Through The Police Station Torwa District Bilaspur C.G. 495001 ---- Non-applicant(s) For Applicant
Legal Reasoning
: Mr. Curtis Collins, Advocate. For Non-Applicant : Ms. Vaishali Mahilong, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/07/2025 1. This is the first bail application filed under Section 483 of the BNSS for grant of regular bail to the applicant who has been arrested in connection with Crime No. 194/2025 registered at Police Station Torwa, District- Bilaspur (C.G.) for the offence punishable under Sections 306 of IPC. 2. Case of the prosecution, in brief, is that the Police Station Torwa received information regarding the suicide of Vinita Sahni, the Sub- Inspector posted at Torwa Police Station registered a Merg 2 (unnatural death) case bearing number 17/2024 and took up the matter for investigation. During the Merg inquiry, statements were recorded from the deceased’s father, Rajkumar Sahni, and brother, Vipin Sahni. They stated that due to the applicant/accused Obrey Hel having an affair with another woman, and despite repeated objections by Vinita, he used to assault and harass her, which ultimately led Vinita to commit suicide on 06-04-2024. Based on the above facts, a criminal case bearing number 194/2025 under Section 306 of the Indian Penal Code was registered against the applicant/accused. During the investigation, the deceased’s mobile phone was examined by the Police Headquarters, Raipur, and it was found that there were photos related to the injuries sustained by the deceased. Relevant documents regarding the same are attached in the record. 3. Learned counsel for the applicant submits that the applicant is the husband of the deceased. It is respectfully submitted that the deceased had committed suicide due to certain incidents of harassment faced by her at her workplace, regarding which the applicant had promptly informed the concerned police authorities. The said complaint is currently pending investigation. It is further submitted that the unfortunate incident occurred approximately one year ago however, the FIR in the present case has been registered only after a lapse of one year, based on the Merg intimation. Pursuant to the delayed registration of the FIR, the applicant has now been arrested. The applicant further submits that he is the sole caretaker of his eight-year-old minor daughter, who is suffering from 3 a serious heart ailment and requires constant medical attention and parental care. Moreover, it is pertinent to mention that no suicide note or dying declaration has been recovered from the possession of the deceased during the investigation, which raises serious doubts about the direct involvement of the applicant in the alleged
Decision
offence. In view of the above circumstances, the applicant humbly prays for consideration of his release on bail. 4. On the other hand, learned State counsel appearing for the respondent/State opposes the bail application and submits that the applicant/accused, due to his affair with another woman, used to assault and harass his wife, the deceased Vinita Sahni committed suicide. Medical documents, including the bedhead ticket, are also attached to the record, showing that the deceased sustained injuries on the date of the incident however, no suicide note, no dying declaration was found from her possession. Accordingly, the present applicant is not entitled for grant of bail. 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 offence levelled against the applicant and further the fact that the applicant is the husband of the deceased and his wife committed suicide due to certain incidents of harassment however, the FIR in the present case has been registered only after a lapse of one year, based on the Merg intimation further considering the fact that the present applicant is the sole caretaker of his eight-year-old minor daughter, who is 4 suffering from a serious heart ailment and requires constant medical attention and parental care and moreover, it appears that that no suicide note or dying declaration has been recovered from the possession of the deceased during the investigation, which raises serious doubts about the direct involvement of the applicant in the alleged offence, therefore, without further commenting anything on merits, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Aubray Hale, involved in Crime No. 194/2025 registered at Police Station Torwa, District- Bilaspur (C.G.) for the offence punishable under Sections 306 of IPC, 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. 5 (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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Kunal