Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:32348
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4775 of 2025 1 - Raju Saarthi S/o. Photolal Saarthi Aged About 27 Years R/o. Village And Post Tarkela, District - Raigarh (C.G.)
... Applicant versus 1 - State Of Chhattisgarh Through SHO, Thana - Kotwali, Bilaspur, District - Bilaspur (C.G.)
... Respondent For Applicant : Mr. T.K. Tiwari, Advocate For State : Mr. Kalpesh Ruparel, Panel Lawyer Hon'ble Shri Justice
Narendra Kumar Vyas
Order On Board 11.07.2025
1. The applicant has preferred this first bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested on 13.02.2025 in connection with Crime No. 49/2024 registered at Police Station Thana City Kotwali, District – Bilaspur (C.G.), for offence punishable under Section 306 of the Indian Penal Code and Section 108 of the B.N.S.
2. Case of the prosecution, in brief, is that Merg No. 36 of 2023 under Section 174 CrPC was registered on the information given by the witnesses namely Ramji Lal Sarthi, Devmati Sarthi, Bhuvneshwar Sonwani and Sunil Sarthi and suicidal note written by deceased was BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.07.11 16:58:35 +0530
2 also seized from the place of occurrence. It is also case of the prosecution that the deceased and the applicant were in love affair and she was subjected to physical and mental torture, therefore, she has committed suicide on 04.11.2023 at about 01.00 p.m. On the basis of the report, FIR under Sections 306 of the Indian Penal Code and Section 108 of the B.N.S. was registered against the applicant.
3.
Learned counsel for the applicant would submit that the applicant is innocent and has been falsely implicated in the case and there is no incriminating material against the applicant to connect the applicant with the crime in question. He would further submit that the applicant is in jail since 13.02.2025 and more than 05 months has already lapsed, charge sheet has already been filed. He would further submit that only suicidal note is against the applicant and no further evidence has been collected by the prosecution and would pray for grant of regular bail to the applicant.
4. On the other hand, learned counsel for the State opposing the submission would submit that there is ample evidence in the suicidal note of deceased wherein she has stated that the applicant used to do physical and mental torture to her and has destroyed her life, therefore, there is direct nexus for instigating the deceased to commit suicide. He would further submit that handwriting mentioned in the suicidal note matches with the handwriting of the deceased, as such there is sufficient material available against the applicant, therefore, he would pray for rejection of the bail application.
5. I have heard learned counsel for the parties and also perused the case diary.
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6. Considering the fact that charge sheet has already been filed and also the fact that the applicant is in jail since 13.02.2025 i.e. more than 05 month has lapsed and also considering the fact that the trial is likely to take some more time for conclusion, therefore without commenting on the merit of the case, this Court is of the opinion that it is a fit case to release the applicant on bail.
7. Accordingly, the application is allowed and the applicant is directed to be released on bail on his furnishing a bond in the sum of Rs. 25,000/- with one surety for the like sum to the satisfaction of the concerned Court for his appearance before that Court as and when so directed. Certified copy as per rules.
Sd/- (Narendra Kumar Vyas)
Judge Bhumika