Raipur, Chhattisgarh v. State Of Chhattisgarh Through The S.H.O., P.S. Kharora, District
Case Details
1 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:28 +0530 2025:CGHC:45075 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6953 of 2025 Pankaj Nirmalkar S/o Samelal Nirmalkar Aged About 23 Years R/o Village Mura, Ward No. 4, Porabhatha, Police Station- Kharora, District : Raipur, Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The S.H.O., P.S. Kharora, District : Raipur, Chhattisgarh ... Respondent For Applicant
Legal Reasoning
: Shri Gary Mukhopadhyay, Advocate. For : Shri Soumya Rai, PL. Respondent/State Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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 applicant who has been arrested in connection with Crime No.633/2024 registered at Police Station Kharora, Distt. Raipur, C.G. for the offence punishable under Sections 304(B), 34 of IPC/306 of 2 IPC. 2. Case of the prosecution, in brief, is that on 15th March 2024, at around 9:00 pm, deceased Smt. Durgeshwari Nirmalkar, a 22-year-old woman was found hanging from the ceiling fan in her room. The deceased's husband, Yashwant Nirmalkar, reported the incident to the police at Police Station Kharora, District- Raipur. A suicide note was recovered from the scene, which implicated the husband's family members, stating that they were responsible for her death. The maternal side of the deceased alleged that the deceased was subjected to mental harassment and cruelty by her in-laws, including deceased's father-in- law Radhelal Nirmalkar, mother-in-law Rameshwari Nirmalkar, aunt-in- law Rajkumari Nirmalkar, sister-in-law Puja Nirmalkar, brother-in-law Suraj Nirmalkar, grandmother-in-law Sukhiya Nirmalkar, and husband's younger brother Pankaj Nirmalkar, over dowry demands. On the basis of the report, the police registered the offence against the applicant under section 304 (B) and 34 of IPC/306 of IPC and he was arrested on 29.04.2025. 3. Learned counsel for the applicant submits that the applicant, Pankaj Nirmalkar is the brother-in-law of the deceased and is currently in the second year of D.El.Ed. Course at Shri Ram College, Saragaon, Raipur and he is not involved in the demand of dowry or harassment and therefore he has no role in commission of alleged offence. He would submit that from perusal of the deceased's suicide letter, "Meri Kahani," it is evident that it does not mention any demand for dowry or taunts related to dowry by the applicant/accused but only mentions that 3 the deceased was distressed by the preferential treatment given to her sister-in-law by her mother-in-law. Additionally, the suicide note discloses minor domestic issues common in every household, such as the mother-in-law's dissatisfaction with the deceased's work. He would submit that the allegation against the present applicant is omnibus and there is no mention in the suicide letter of any specific act or statement by the present applicant/accused that could be construed as committing cruelty against the deceased in relation to demand of dowry neither mention of harassment, or incitement to leave the house or commit suicide. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 29/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. He would submit that deceased committed suicide by hanging and the suicide note has been recovered wherein general allegations have been levelled against the 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, submissions of learned counsel for the parties, considering the fact that general allegations have been levelled against the applicant in the suicide note, period of detention of the applicant since 29/04/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 4 7. Accordingly, the bail application is allowed and it is directed that the applicant Pankaj Nirmalkar, involved in Crime No.633/2024 registered at Police Station Kharora, Distt. Raipur, C.G. for the offence punishable under Sections 304(B), 34 of IPC/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 sufficient 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 5 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 sufficient 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri