2024:CGHC:47505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8222 of 2024 Shyamratan Sahu S/o. Shri Panchuram Sahu Aged About 24 Years R/o. Village - Saraipatera, Police Station - Singhanpuri Jungle, Tahsil -

Sahaspur Lohara, Dist. Kabirdham (C.G.)

... Applicant versus State Of Chhattisgarh Through Station House Officer, Police Station -

Singhanpuri Jungle, Distt. Kabirdham (C.G.)

... Non-Applicant For Applicant(s) : Mr. Ajay Ayachi, Advocate.

For Non-Applicant(s) : Mr. Sakib Ahmed, Panel Lawyer.

Hon'ble Mr. Ramesh Sinha, Chief Justice

Order on Board

03/12/2024

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. 32/2024 registered at Police Station Singhanpuri Jungle, Distt. Kabirdham (C.G.) for the offence punishable under Section 80, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’).

2. Case of the prosecution, in brief, is that 13.07.2024 the Police of Police Station Singhanpuri Jungle, Distt. Kabirdham (C.G.) received information that Chandrika Sahu has committed suicide at her home and based on this Merg No.05/2024 was registered. During merg enquiry from the statement of parents and relatives of the deceased, it revealed that the applicant had married the deceased through Chudi custom about 2 years ago and after some days of marriage, the applicant and her in-laws with common intention started ill-treating her in connection with demand of dowry and for not getting any child, even after one year of marriage. They used to beat her and harass her mentally. Being fed up with this ill-treatment, she committed suicide by hanging herself in her room. After investigation charge-sheet has been submitted.

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 the marriage of the applicant with the deceased was solemnized in the year 2022 through Chudi custom, the deceased could not concieve child on account of which, she was under depression and committed suicide. He also submits that five of the co-accused persons, namely, Panchram Sahum, Meena Bai Sahu, Manmohna Sahu, Radhe Shyam Sahu and Anupa Bai have already been granted bail by this Court vide order dated 18.10.2024 in MCRC No.7234 of 2024. The applicant is in jail since 07.08.2024, 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 applicant.

4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that applicant alongwith co-accused persons have mentally tortured the deceased for not conceiving child, also physically or mentally tormented the deceased by demanding dowry, due to which, the deceased committed suicide by hanging herself, therefore, the applicant is 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 applicant since 07.08.2024, the fact that the present applicant is husband of the deceased, the marriage of applicant with the deceased was solemnized in the year 2022 and when she could not conceive child, she was under depression and committed suicide, but there was no eye witness account, no dying declaration and no suicidal note was left behind by the deceased, further considering the fact that the cause of death is asphyxia as a result of ante-mortem hanging and there was no ante-mortem injury except the ligature mark, also considering the fact that five of the co-accused persons, namely, Panchram Sahum, Meena Bai Sahu, Manmo