1 2025:CGHC:13356 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1749 of 2025 Domesh Sahu S/o Late Atmaram Sahu Aged About 28 Years R/o Bairagibhedi, Thana, Tehsil Chhuria District Rajnandgaon Chhattisgarh ... Applicant versus State Of Chhattisgarh Through Station House OfÏcer, Police Station Chhuria District Rajnandgaon Chhattisgarh ... Non-Applicant For Applicant : Mr. Aditya Bhardwaj, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.03.2025 1 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.02/2025, registered at Police Station – Chhuria, District Rajnandgaon (C.G.) for the offence punishable under Sections 304-B of Indian Penal Code. 2 The case of the prosecution, in brief, is that on 13.05.2024, the deceased Urmila Bai Sahu, wife of Domesh Sahu (Applicant), was found in a burned condition at her residence. She was admitted to N.B.Care PREETI KUMARI Digitally signed by PREETI KUMARI 2 Hospital, Rajnandgaon, for treatment, where she succumbed to her injuries. Consequently, an investigation was initiated under Section 174 of the Code of Criminal Procedure (CrPC) at Chhuriya Police Station, registered as Marg No. 27/2024. During the investigation, it was revealed that the deceased had been subjected to physical assault by her husband, Domesh Sahu, due to demand of dowry and his intention to marry another woman. This led to severe mental harassment, which ultimately drove the deceased to set herself on fire, resulting in her death. Hence this bail application on following grounds. 3 It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. He further submitted that the applicant and the deceased were married for seven years, and during this period, no complaints of dowry harassment or domestic violence were ever lodged by the deceased and her family. He further submitted that there is delay in lodging the FIR, the incident occurred on 13.05.2024, but the FIR was filed on 02.01.205 (almost eight months later). He further submitted that the applicant had remarried and the deceased was his first wife and it is alleged that she was in depression, on account of which she committed suicide. The charge- sheet has been filed in this case and the applicant is in jail since 17.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, the learned State counsel opposed the bail application and submitted that the charge-sheet has been filed. He further submits that the applicant had remarried and the deceased was his first wife and it is alleged that she was in depression, on account of which she committed suicide, but the considering the fact that the 3 deceased who died on account of the burn injury in the house of the applicant,. Therefore, the applicant is not entitled to be released on bail. 5 I have heard learned counsel for the parties and perused the documents available on record. 6 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 had remarried and the deceased was his first wife, who allegedly suffered from depression and committed suicide, also considering the fact that the deceased who died on account of the burn injuries in the house of the applicant, the applicant has failed to discharge the burden of proof under Section 113B of the Indian Evidence Act, 1872 , I am not inclined to allow this application. 7 Accordingly, the bail application of the applicant - Domesh Sahu involved in Crime No.02/2025, registered at Police Station – Chhuria, District Rajnandgaon (C.G.) for the offence punishable under Sections 304-B of Indian Penal Code, is rejected at this stage. 8 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 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 Preeti