Ramanujganj (C.G.) v. State of Chhattisgarh Through
Case Details
1 2025:CGHC:46351 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7225 of 2025 Devjeet Singh S/o Shri Ramnath Singh Aged About 25 Years R/o Village- Jatro PS Balrampur District- Balrampur-Ramanujganj (C.G.) ... Applicant versus State of Chhattisgarh Through- Police Station Balrampur Distt.- Balrampur- Ramanujganj (C.G.) ... Non-applicant For Applicant
Legal Reasoning
: Mr. Dheerendra Pandey, Advocate. For Non-applicant/State. : Ms. Ankita Shukla, Panel Lawyer. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 10:52:14 +0530 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10.09.2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 166/2024 registered at Police Station Balrampur, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Section 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that a report was made by the complainant, namely Dilip Singh, stating that on the night of 05– 06.11.2024, his daughter, Chanchala Singh, went missing from the house without giving any information, due to which a missing report was 2 lodged. During the search, the complainant’s father, Anurag Singh, informed him that Chanchala Singh had posted a status on her Instagram account during the night, stating that Sonu Singh and his elder brother had beaten and threatened her. On 08.11.2024, at about 8:00 a.m., Malti and Sushma came to the complainant’s house and informed him that the dead body of Chanchala Singh was floating in the well of Chandra Gupta Singh. Thereafter, they went to the spot and saw the dead body of his daughter floating in the water. On the basis of the said report, the police registered the aforesaid offence against the applicant and other co- accused persons. 3. Learned counsel for the applicant submits that the present applicant is an innocent person who has been falsely implicated in the aforementioned case. He submits that the no specific act has been attributed to the present applicant, therefore, he is entitled to be granted bail. He also submits that even if the case of the prosecution is taken at its face value, the offence under Sections 108 and 3(5) of the BNS Act is not made out against the applicant, as no evidence has been collected by the prosecution to show that the applicant had beaten the deceased or that he had threatened her. The prosecution has not collected any evidence to establish that there was any common intention to commit the offence under Sections 108 and 3(5) of the BNS Act. The material collected by the prosecution against the applicant is insufÏcient to prove the ingredients of abetment of suicide, as defined under Section 107 of IPC. He submits that the present applicant is the elder brother of the main accused, namely Sonu Singh, who was in a love affair with the deceased, and due to some dispute between them, the deceased committed suicide. He further submits that the present applicant has no criminal antecedents and he is in jail since 14.07.2025, conclusion of the trial may 3 take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand, the learned State counsel opposes the bail 5. 6. application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case and also endorse the submission made by learned counsel for the applicant that the present applicant has no criminal antecedents. I have heard learned counsel for the parties and perused the case diary. Considering the facts and circumstances of the case and from perusal of the case diary, it transpires that the present applicant is the elder brother of the main accused, namely Sonu Singh, who was in a love affair with the deceased, and due to some dispute between them, the deceased committed suicide. Also considering the fact that the present applicant has no criminal antecedents and he is in jail since 14.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 7. Let the Applicant – Devjeet Singh, involved in Crime No. 166/2024 registered at Police Station Balrampur, District – Balrampur - Ramanujganj (C.G.), for the offences punishable under Section 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing 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 she 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 4 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 her counsel. In case of her absence, without sufÏcient cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her 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. - Abhishek Sd/- (Ramesh Sinha) Chief Justice