AN Digitally signed by AKHILESH KUMAR DEWANGAN Chhattisgarh v. State Of Chhattisgarh Through S.H.O. P.S. Rajendra Nagar, Distt
Case Details
1 2025:CGHC:45668 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7101 of 2025 Neeraj Majumdar S/o Late Nitai Majumdar Aged About 28 Years R/o Main Road, Navoday School, Mana Camp, Raipur, Distt. Raipur, AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through S.H.O. P.S. Rajendra Nagar, Distt. Raipur, Chhattisgarh. ... Respondent(s) For Applicant(s)
Legal Reasoning
: Mr. Shubham Tripathi, Advocate. For Respondent(s) : Mr. Bharat Gulbani, Panel Lawyer. For Objector(s) : Ms. Shreyadeep Gupta, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/09/2025 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. 113/2025 registered at Police Station Rajendra Nagar, Distt. Raipur (C.G.) for the offence punishable under Section 108, 3(5) of Bharatiya Nyaya Sanhita (for short 2 ‘BNS’). 2. Case of the prosecution, in brief, is that Jaswinder Kaur Dhillon (also known as Jas) took her own life because she was mentally and emotionally troubled by several people. The main person accused is Neeraj Mazumdar, who was said to be in a close relationship and living with her. The police say that Neeraj, along with others Prashant Lande, Tanu Sahu, Akash Vaishnav, Sabia Parveen, Tilolma Pandey, Deepak Patle, and Neha Yadav - caused her stress by fighting with her and creating problems, mostly about her personal relationships. One of the co-accused told the police that Jas was not happy with Neeraj and felt harassed by him. Because of all this pressure, Jas reportedly jumped from the terrace of a six-story building and died, it was further alleged that Neeraj played the main role in this and should be held responsible for what happened, which led to the registration of the alleged offence against the applicant and other co-accused persons, Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that three of the identically situated co-accused persons, namely, Neha Yadav, Tilotma Pandey and Deepak Patle have already been granted regular bail by this Court vide orders dated 13.08.2025 and 29.08.2025 in MCRC Nos.5523 of 2025 and 6812 of 2025. The applicant is in jail since 05.06.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. 3 Therefore, he prays for grant of bail to the applicant. 4. Learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 5. Learned counsel for objector opposes the bail application and submits that present applicant is the main accused, he along with co-accused persons, subjected the deceased, Jaswinder Kaur Dhillon alias Jas, to physical and mental harassment, primarily related to personal disputes concerning a romantic relationship. It is alleged that Neeraj, who was in a live-in relationship with the deceased and had recently become her partner, was actively involved in arguments and altercations that caused her emotional distress. The prosecution claims that this ongoing conduct by the applicant amounted to abetment, and it ultimately led the deceased to end her life by jumping from the terrace of a multi-storey building, as such, the applicant is alleged to have played a primary and active role in abetting the suicide, but could not dispute the fact that three of the identically situate co-accused persons, namely, Neha Yadav, Tilotma Pandey and Deepak Patle have already been granted regular bail by this Court vide orders dated 13.08.2025 and 29.08.2025 in MCRC Nos.5523 of 2025 and 6812 of 2025. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 05.06.2025, the fact that though the applicant is alleged to 4 have subjected the deceased, Jaswinder Kaur Dhillon alias Jas, to physical and mental harassment in collusion with other co-accused persons, but considering the fact that three of the co-accused persons, namely, Neha Yadav, Tilotma Pandey and Deepak Patle have already been granted regular bail by this Court vide orders dated 13.08.2025 and 29.08.2025 in MCRC Nos.5523 of 2025 and 6812 of 2025 and the case of present applicant is identical to that of the aforementioned co-accused persons, also considering the fact that no suicidal note was left behind by the deceased and the applicant has no criminal antecedent, further charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. 9. Accordingly, the application is allowed. Let the Applicant-Neeraj Majumdar, involved in Crime No. 113/2025 registered at Police Station Rajendra Nagar, Distt. Raipur (C.G.) for the offence punishable under Section 108, 3(5) of BNS, 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 5 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. 10. 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