Nafr High Court
Case Details
1 2025:CGHC:37737 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6017 of 2025 Chiranjeet Mandal S/o Bhutnath Mandal Aged About 28 Years Village Baddohi, P.S. Govindpur District Dhanbad (Jharkhand) ... Applicant versus State Of Chhattisgarh Through Police Station, Kabirnagar, District – Raipur, C.G. ---- Non-applicant For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Barun Kumar Chakrabarty, Advocate. Ms. Ankita Shukla, Panel Lawyer. RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 31.07.2025 Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 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. 210/2024, registered at Police Station – Kabirnagar, District – Raipur (C.G.) for the offence punishable under Sections 304-B and 34 of the Indian Penal Code (for short, IPC). 2. The case of the prosecution, is that the accused and the deceased Parul Mandal was married on 21.11.2021 with the accused Chiranjit Mandal as per social customs, before the marriage, the in-laws of the deceased 2 demanded Rs. 10 Lakh and 20 grams of gold, but the deceased Parul Mandal’s maternal side had agreed to give Rs. 5 Lakh in cash and 20 grams of gold, then the marriage was sixed for this amount, afte marriage, the husband of the deceased Chiranjit Mandal, Bhoolnath Mandal and Smr. Thanda Mandal again harassed the deceased Parul Mandal physically and mentally by demanding Rs. 3 Lakh and a motor cycle, due to which she tried to commit suicide by hanging and died on 05.06.2024. 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. It is further submitted that applicant is the husband of the deceased, and the deceased committed suicide by hanging herself, and as soon as the applicant came to know about the same, he himself took the deceased to the AIMS Hospital Raipur, where she was admitted and died during the treatment, and the prosecution case accepts the said fact that the applicant tried to save the deceased by taking her to the hospital. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 11.04.2025 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 that the accused and the deceased Parul Mandal was married on 21.11.2021 with the accused Chiranjit Mandal as per social customs, before the marriage, the in-laws of the deceased demanded Rs. 10 Lakh and 20 grams of gold, but the deceased Parul Mandal’s maternal side had agreed to give Rs. 5 Lakh in cash and 20 grams of gold, then the marriage was sixed for this amount, afte 5. 6. 3 marriage, the husband of the deceased Chiranjit Mandal, Bhoolnath Mandal and Smr. Thanda Mandal again harassed the deceased Parul Mandal physically and mentally by demanding Rs. 3 Lakh and a motor cycle, due to which she tried to commit suicide by hanging and died on 05.06.2024, 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 applicant is the husband of the deceased, and the deceased committed suicide by hanging herself, and as soon as the applicant came to know about the same, he himself took the deceased to the AIMS Hospital Raipur, where she was admitted and died during the treatment, and the prosecution case accepts the said fact that the applicant has tried to save the deceased by taking her to the hospital, charge-sheet has been filed against the applicant, the applicant is in jail since 11.04.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Chiranjeet Mandal, involved in Crime No. 210/2024, registered at Police Station – Kabirnagar, District – Raipur (C.G.) for the offence punishable under Sections 304-B and 34, be released on bail on his furnishing a personal bond with two local 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 4 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