Nafr High Court
Case Details
1 2025:CGHC:43702 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6749 of 2025 1 - Biharilal Yadav S/o Late Kartik Ram Yadav Aged About 65 Years R/o Dadarkhurd, Daihaanpara, Chowki Manikpur, Korba, Tahsil And District AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Korba, C.G. 2 - Lala Yadav S/o Biharilal Yadav Aged About 27 Years R/o Dadarkhurd, Daihaanpara, Chowki Manikpur, Korba, Tahsil And District Korba, C.G. 3 - Gwalin Bai W/o Biharilal Yadav Aged About 60 Years R/o Dadarkhurd, Daihaanpara, Korba, Tahsil And District Korba, C.G. (Daughter Wrongly Mentioned In Impugned Order) 4 - Shivratri Yadav W/o Lala Yadav Aged About 27 Years R/o Dadarkhurd, Daihaanpara, Korba, Tahsil And District Korba, C.G. versus ... Applicant(s) State Of Chhattisgarh Through- Chowki Manikpur, Police Station- Kotwali, Korba, District- Korba, C.G. (As Per Annexure A-1 And A-2) ... Respondent(s) For Applicant(s) :
Legal Reasoning
Mr. Vikas Kumar Pandey, Advocate. For Respondent(s) : Mr. Hariom Rai, Panel Lawyer. 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicants who have been arrested in connection with Crime No. 352/2025 registered at Police Station Kotwali, Korba, District- Korba, C.G (C.G.) for the offence punishable under Sections 108, 80 and 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that on 21.04.2025, the informer, namely Biharilal Yadav, reported the death of his daughter-in-law, Poonam Yadav, stating that during the intervening night of 20/21.04.2025 she had hanged herself at her residence. Thereafter, on 17.05.2025, the police registered an FIR bearing Crime No.352/2025 under Section 108 of the B.N.S. Act against the husband of the deceased, namely Lahura Yadav. During the course of investigation, the police recorded the statements of the family members of the deceased, and on the basis of those statements, the present applicants along with other co-accused persons were implicated in the case. Hence the bail application. 3. Learned counsel for the applicants submits that the applicants have not committed any offence and the have been falsely implicated in offence in question. He further submits that the applicants herein are the in-laws of the deceased (father-in-law, mother-in-law, brother-in-law and sister-in-law) and the FIR for the incident was lodged against the husband of the deceased, namely, Lahura 3 Yadav, the name of present applicants have come into light from the memorandum statement of the father of the deceased after 27 days of the incident, further there is no suicidal note left behind by the deceased, no dying declaration was recorded. The applicants are in jail since 11.06.2025, the applicant has no criminal antecedent, 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 applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the husband of the deceased (co-accused) is already in jail and the involvement of present applicants have come into light from the memorandum statement of the father of the deceased, therefore, they are 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, period of detention of the applicants since 11.06.2025, the fact that the main accused in the present case is husband of the deceased, Lahura Yadav, who is named in the FIR, the present applicants are the in-laws of the deceased (father-in-law, mother-in-law, brother-in-law and sister-in-law) and their involvement has come into light from the memorandum statement of the father of deceased after 27 days of the incident, the case of present applicants is distinguishable from that of the 4 case of the husband of the deceased, further there is no suicidal note left behind by the deceased, no dying declaration was recorded, further the applicants have no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicants are entitled to be released on bail in this case. Accordingly, the application is allowed. Let the Applicants-Biharilal Yadav, Lala Yadav, Gwalin Bai and Shivratri Yadav, involved in Crime No. 352/2025 registered at Police Station Kotwali, Korba, District- Korba, C.G (C.G.) for the offence punishable under Sections 108, 80 and 3(5) of BNS, be released on bail on their furnishing a personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- 7. 8. (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the 5 date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 9. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil