Bilaspur, Chhattisgarh v. State of Chhattisgarh Through Station House Of
Case Details
1 2025:CGHC:770 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9079 of 2024 Mukesh Kumar Kenwat S/o Late Shri Ganesh Ram Kenwat Aged About 27 Years R/o Village- Danganiya Bandhawapara, Police Station- Seepat, District- Bilaspur, Chhattisgarh. ... Applicant versus State of Chhattisgarh Through Station House OfÏcer, Police Station - Seepat, Bilaspur, District – Bilaspur, Chhattisgarh. ---- Non-applicant RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI For Applicant For Non-applicant/State : :
Legal Reasoning
Mr. Ayush Verma, Advocate. Mr. Malay Jain, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice 06.01.2025 Order on Board 1. From the perusal of the OfÏce Report dated 04.01.2025, the OfÏce has reported that the matter is being heard by Single Bench-I as per the current roster, in view of the same, the Court proceeds to hear the matter. 2. 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. 463/2024, registered at Police Station – Seepat, District – Bilaspur (C.G.) for the 2 offence punishable under Section 80 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 3. The case of the prosecution, is that merg intimation was lodged by the Guard/ward boy of DKS Super Speciality Hospital Raipur, District – Raipur (C.G.) namely Mahesh Kumar on 18.07.2024, which was recorded on zero as per which deceased Sukwara Bai Kenwat W/o Mukesh Kenwat, died on burn injuries during treatment, it was clearly mentioned in the hospital memo that the injured was admitted in the hospital on 15.07.2024 for treatment by the present applicant who is husband of the deceased who received 50% deep thermal burn inhalational injury who died on 18.07.2024. The merg on zero was send to Police Station Seepat where it was registered as merg intimation No. 91/24 on 12.08.2024. The Police Station Seepat after registration of merg, conducted merg inquiry. During merg inquiry Police recorded statement of mother of the deceased who has stated that the present applicant used to demand motor cycle as dowry and on objection her wife was subjected to cruelty by him and on 15.07.2024 the injured received burn injuries and during treatment she died on 18.07.2024 in DKS Hospital Raipur. On 21.07.2024 the brother of the deceased Ashok Kenwat preferred a written report in Police Station- Seepat suspected that his sister has been murdered by her in-laws. After merg inquiry the Police registered an offence for the offence in question and investigation was initiated, during course of investigation Police received the postmortem report, some articles were seized, present applicant was arrested, statement of the witness were recorded and after completion of the entire investigation charge sheet has been filed. Hence, this application. 4. It is argued by the learned counsel for the applicant that the applicant is 3 innocent and has been falsely implicated in this case and there is no criminal antecedents registered against the present applicant. It is further submitted that the applicant is the husband of the deceased, and the marriage between the two was solemnized on 17.04.2024, and it is stated that the deceased was cooking food in her house on the gas, and due to an accident fire has been caused, on account of which she received burn injuries and died after 3 days of incident, it is stated that the deceased was admitted in the CIMS Hospital, thereafter, she referred to DKS Super Speciality Hospital Raipur, District – Raipur, by the applicant on 15.07.2024, which is evident from the document annexed with the charge-sheet. It is further submitted that on 19.07.2024 the statement of the complainant who is the brother of the deceased was recorded wherein he has stated that the deceased died while cooking in her house, a copy of the same has annexed in page No.21 of the bail application and the same document is also part of the charge-sheet, as the deceased had died on an accidental death in her matrimonial home, it is stated that the brother of the deceased wanted compensation of Rs. 2,00,000/- from the applicant with respect to the incident and has compelled and explicitly threatened the applicant that if his demand is not met then he would falsely implicate and accuse him and his entire family in a dowry harassment case, and therefore, the complaint was also given by the applicant to S.P., Bilaspur on 03.09.2024, copy of the same has been annexed with the bail application as Annexure-A/4, which clearly shows that the present FIR has been lodged against the applicant for false implication in the present case after delay of two months from the date of incident and there is no any explanation given for the said inordinate delay for lodging the FIR, further the fact that the applicant 4 never demanded any kind of dowry and the applicant has purchased a Motor Cycle just before few days from his marriage. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 21.09.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application and submits that during merg inquiry Police recorded statement of mother of the deceased who has stated that the present applicant used to demand motor cycle as dowry and on objection her wife was subjected to cruelty by him and on 15.07.2024 the injured received burn injuries and during treatment she died on 18.07.2024 in DKS Hospital Raipur. On 21.07.2024 the brother of the deceased Ashok Kenwat preferred a written report in Police Station- Seepat suspected that his sister has been murdered by her in-laws, therefore, he is not entitled for grant of bail. 6. 7. 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 the applicant is the husband of the deceased, and the marriage between the two was solemnized on 17.04.2024, and it is stated that the deceased was cooking food in her house on the gas, and due to an accident fire has been caused, on account of which she received burn injuries and died after 3 days of incident, it is stated that the deceased was admitted in the CIMS Hospital, thereafter, she referred to DKS Super Speciality Hospital Raipur, District – Raipur, by the applicant on 5 15.07.2024, which is evident from the document annexed with the charge-sheet. It is further submitted that on 19.07.2024 the statement of the complainant who is the brother of the deceased was recorded wherein he has stated that the deceased died while cooking in her house, a copy of the same has annexed in page No.21 of the bail application and the same document is also part of the charge-sheet, as the deceased had died on an accidental death in her matrimonial home, it is stated that the brother of the deceased wanted compensation of Rs. 2,00,000/- from the applicant with respect to the incident and has compelled and explicitly threatened the applicant that if his demand is not met then he would falsely implicate and accuse him and his entire family in a dowry harassment case, and therefore, the complaint was also given by the applicant to S.P., Bilaspur on 03.09.2024, copy of the same has been annexed with the bail application as Annexure-A/4, which clearly shows that the present FIR has been lodged against the applicant for false implication in the present case after delay of two months from the date of incident and there is no any explanation given for the said inordinate delay for lodging the FIR, further the fact that the applicant never demanded any kind of dowry and the applicant has purchased a Motor Cycle just before few days from his marriage, charge-sheet has been filed against the applicant, the applicant is in jail since 21.09.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 8. Let applicant, Mukesh Kumar Kenwat, involved in Crime No. 463/2024, registered at Police Station – Seepat, District – Bilaspur (C.G.) for the offence punishable under Section 80 of the 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:- 6 (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 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. 7 9. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar