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2025 DAILYLAW 28693 (CHH)

PANKAJ KUMAR v. STATE OF CHHATTISGARH

MCRC/4720/2025 · 2025-07-29

Transfer Petitionbody2025

Judgment text

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1 2025:CGHC:37327 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4720 of 2025 Pankaj Kumar S/o Jamuna Prasad Aged About 21 Years R/o Hardibahara Police Station Outpost Balangi, Police Station Raghunathpur, District Balrampur-Ramanujganj (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Outpost Balangi, Police Station - Raghunathpur, District Balrampur-Ramanujganj (C.G.) ... Non-applicant For Applicant : Mr. Rohitashav Singh, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 52/2024 registered at Police Station – Police out post Balangi Police Station Raghunathpur District – Balrampur, Ramanujganj (C.G.), for the offence punishable under Sections 363, 306 & 34 of the IPC. 2. As per the impugned order the facts of the case is that the complainant Ramjanam Bharti lodged written report before police outpost that his minor child went for roaming with Sumitra in near VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.31 18:40:36 +0530 2 forest border where Sumitra called 3 boys and they were talking to each other that time applicant along with other juvenile accused came and captured their picture and video in mobile and show the video in his home then his daughter went to somewhere due to that his daughter committed suicide by hanging herself in the forest, as per the said report crime was registered against the applicant and other co- accused. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that no video has been made by the applicant and also nothing in video or picture which is objectionable and the statement of deceased father applicant and other juvenile accused made video of conversation with boys and showed to him it is crystal clear there is no abatement to commit suicide and there is no role of applicant in this aforementioned case and falsely implicated in this case and he is in jail since 06.03.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and the allegation that the applicant, along with other co-accused persons, two of whom are juveniles, recorded a video of the deceased while she was talking with a boy, and showed the same to her parents, and out 3 of shame, she committed suicide by hanging herself in the forest and as per the medical opinion, the cause of death was asphyxia and further, taking into account that the applicant has been in jail since 06.03.2025, the charge-sheet has already been filed, and the conclusion of the trial is likely to take some time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant –Pankaj Kumar, involved in Crime No. 52/2024 registered at Police Station – Police out post Balangi Police Station Raghunathpur District – Balrampur, Ramanujganj (C.G.), for the offence punishable under Sections 363, 306 & 34 of the IPC, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (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 sufficient 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. 4 (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 sufficient 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. 8. 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 vaibhav