Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:37695
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5514 of 2025 Kartar Singh Badbariya S/o Shri Kailash Badbariya, Aged About 29 Years R/o Village In Front Walford City, Ps Purani Basti District Raipur Chhattisgarh
... Applicant(s) versus State Of Chhattisgarh Through Tikarapara Raipur, District Raipur Chhattisgarh
... Respondent(s) For Applicant(s) : Mr. Dheerendra Pandey, Advocate For Respondent(s) : Mr. Hariom Rai, Panel Lawyer
Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 31/07/2025
1. The applicant has preferred this First Bail Application under Section 483 of BNSS, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 211/2025, registered at Police Station Tikarapara, District- Raipur (CG) for the offence punishable under Section108 of BNS, 2023. 2. The prosecution story in brief is that on 20.02.2025, the deceased committed suicide by hanging herself with her dupatta on the iron angle of the ventilator in her rented house. During the investigation panchnama proceedings, a handwritten suicide note MADHURIMA THAKUR Digitally signed by MADHURIMA THAKUR Date: 2025.08.01 18:51:12 +0530
2 was recovered from the deceased’s room, in which the deceased has said that a boy named Kartar Singh was responsible for her death. Kartar Singh had trapped the deceased in his love trap and threatened to defame her by making her obscene video viral, due to which the deceased committed suicide by hanging herself. 3. It was argued by the counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted by the learned counsel for the applicant that the present applicant has no previous criminal antecedents and is in jail since 16.03.2025 and the charge sheet has been presented. Learned counsel for the applicant presented the post-mortem report of the prosecutrix wherein it is stated that all the 11 injuries sustained by the prosecutrix are ante-mortem in nature. Also, 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 counsel for the State opposes the bail application and submits that the applicant is not entitled to be released on bail. 5. I have heard learned counsel for the parties and perused the case diary. 6.
Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant, and further the fact that all the 11 injuries sustained by the deceased/victim are ante-mortem in nature, and there is no
3 criminal antecedent of the applicant and is in jail since 16.03.2025 and the trial is likely to take considerable time for its conclusion, this Court is of the opinion that it is a fit case for grant of regular bail. Accordingly, the bail application deserve to be and is hereby allowed. 7. Let the Applicant- Kartar Singh Badbariya, involved in Crime No. 211/2025, registered at Police Station Tikrapara, District- Raipur, (C.G.) for the offence punishable under Section 108 of BNS, 2023 be released on bail on their furnishing a 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 them under Section 269 of Bhartiya Nyay Sanhita, 2023. 4 (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS, is issued and the applicant fail 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 Bhartiya Nyaya Sanhita,
2023.
(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 BNSS. If in the opinion of the trial court absence of the applicants 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 them in accordance with law. 8. Office is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. SD/-
(Ramesh Sinha)
Chief Justice Madhurima