1 2025:CGHC:26344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4682 of 2025 Yogendra Vimal Kumar Dewangan @ Munna S/o Sukhuram Dewangan Aged About 53 Years R/o Village Katgi, Police Station Kasdol, District Balodabazar Bhatapara Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Kasdol, District Balodabazar Bhatapara Chhattisgarh. ... Non-Applicant(s) For Applicant : Mr. Dharmesh Shrivastava, Advocate. For Non-Applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 20.06.2025 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.222/2025, registered at Police Station- Kasdol District- Balodabazar-Bhatapara (C.G.) for the offence punishable under Sections 115(2), 351(3), 333, 108, 190, 191(2) of Bhartiya Nyaya Sanhita. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2 The case of the prosecution, in brief is that the complainant, Kusum Sahu, lodged a complaint at Police Station Kasdol on 31.03.2025, alleging, inter alia, that at around 3:00 PM, she, her sisters-in-law (Devrani Rameshwar Sahu and Nanad Tuleshwari Sahu), and her father-in-law were present at their house. It is alleged that the present applicant, Yogendra Vimal Devangan, along with Pankaj Devangan and their associates from Village Katgi, forcibly entered their house. They confronted her father-in-law, Chandrika Prasad Sahu, accusing him of encroaching upon grassland and preventing them from storing sand on the said land. In a fit of anger, the accused persons hurled abusive and obscene language and threatened to kill him thereafter, assaulted him with fists and hands. Due to the assault, obscene abuse and harassment by the accused persons, Chandrika Prasad Sahu, suffering from physical and mental distress, consumed a poisonous substance in an attempt to commit suicide. Thereafter, he and his companions then fled away. After that Chandrika Prasad Sahu was taken to the Government Hospital, Kasdol, for treatment however, he succumbed during the course of treatment. Based on the complainant’s report, Merg Intimation No. 20/2025 was registered under Section 194 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the body was sent for post-mortem examination. Thereafter statements of the complainant and other witnesses were recorded in connection with the incident. The post- mortem report, prepared by Dr. Govardhan Sen, confirmed that the cause of death was consumption of poison in a suicide attempt. 3 Memorandum statements of the accused were recorded in the presence of independent witnesses. The accused Yogendra Vimal Kumar Devangan, Firu Yadav, Pankaj Devangan, and Ramavtar Verma were arrested and upon completion of the investigation, charge sheet has filed before the competent Court. 3 Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in this case. He further submits that as per the prosecution story itself, the deceased was assaulted by the present applicant and his companion by hands and fists due to some trivial issues and thereafter, the deceased consumed poison in his house and taken to hospital by family members and during treatment he succumbed, thus it is clear that the deceased consumed poison by some any other reason but not because of the reason of quarrel with the present applicant. It is further alleged that the deceased committed suicide by consuming poison but it was nowhere stated that the present applicant has so abetted the deceased that he has left no other option but to commit suicide, therefore, ingredients of 108 of Bharatiya Nyaya Sanhita would not be attracted against the present applicant. He further submits that that he was earlier working as teacher from 1994 to 2019 in a Government school after completion of his MA, LL.B. and BTI and after a period of 15 years of school teacher, he resigned from services and started work of A-Class contractor and also started his work of agriculture. He further submits that the present applicant is also appointed as General Secretary of a political party and elected as Sarpanch and also elected as Vice-President of 4 Sarpanch Sangh and presently his wife is elected as a member of Jila Panchayat, thus it is clear that the present applicant is having a good reputation in the society and therefore, by the opposite party, a false and fabricated report has been lodged against him. He also submits that even if the entire case of prosecution is taken on its face value, that the deceased consumed poison at about 3.30 pm afternoon due to quarrel with the present applicant but it is clear from the documents that he was taken to hospital after a period of 1 hours 40 minutes, thus it is clear that negligence on the part of family members of the deceased was fatal for his life and he succumbed. He further submits that the present applicant neither entered into the house of the deceased nor committed any kind of quarrel/dispute/marpit with him. 4 Learned counsel for the applicant further submits that it is not a case of abetment to commit suicide by the present applicant but unfortunate incident was occurred and the reason behind the same is an unknown to anyone but after death, a false and fabricated report has been lodged against the present applicant by family members of the deceased and the applicant is in jail since 01.04.2025 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 prayer for grant of bail and submits that the applicant, along with his associates, forcibly entered the house of the complainant, abused him using filthy and obscene language and physically assaulted him 5 with hands and fists. They also threatened to kill him. As a result of the physical assault, mental harassment, and obscene abuse inflicted by the applicant and his associates, the complainant, unable to bear the trauma, consumed a poisonous substance in an attempt to commit suicide. He was thereafter taken to the Government Hospital, Kasdol, for treatment; however, he died during the course of treatment. As per the post-mortem report of the deceased, Chandrika Prasad Sahu, prepared by Dr. Govardhan Sen, it was confirmed that the cause of death was the consumption of poison, consistent with suicide and also considering the fact that the anticipatory bail application of the co-accused has already been rejected by this Court. Accordingly, the present applicant is not entitled for grant of bail. 6 I have heard learned counsel for the parties and perused the documents available on record. 7 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 along with his associates, forcibly entered the house of the deceased with the allegation that the deceased had occupied certain land illegally thereafter, they abused him using filthy and obscene language and physically assaulted him with hands and fists and when the inmates, who were the ladies of the house, where the deceased was living, they resisted, the applicant along with his associates have also assaulted them and threatened to kill him. As a result of the physical assault, mental harassment, 6 and obscene abuse inflicted by the applicant and his associates, the deceased, unable to bear the trauma, consumed a poisonous substance in an attempt to commit suicide, later was taken to the Government Hospital, Kasdol, for treatment; however, he died during the course of treatment moreover, as per the post-mortem report of the deceased, Chandrika Prasad Sahu, prepared by Dr. Govardhan Sen, it was confirmed that the cause of death was the consumption of poison, consistent with suicide and also considering the fact that the anticipatory bail application of the co-accused has already been rejected by this Court thus, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8 Accordingly, the bail application of the applicant – Yogendra Vimal Kumar Dewangan @ Munna involved in Crime No.222/2025, registered at Police Station- Kasdol District- Balodabazar- Bhatapara (C.G.) for the offence punishable under Sections 115(2), 351(3), 333, 108, 190, 191(2) of Bhartiya Nyaya Sanhita, is rejected. 9 Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10 Office 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 Kunal