1 2025:CGHC:38411 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6091 of 2025 Laxman Patel S/o Ghasiram Patel Aged About 32 Years R/o Village Gopalpur, Police Station And Tehsil- Baramkela District Sarangarh- Bilaigarh (Chhattisgarh) ... Applicant versus State Of Chhattisgarh Through Police Station Baramkela, District Sarangarh- Bilaigarh (Chhattisgarh) ... Respondent For Applicant : Shri Sanjay Agrawal, Advocate. For Respondent/State : Shri Malay Jain, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04/08/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.31/2025 registered at Police Station Baramkela, District-Sarangarh GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.06 19:18:15 +0530 2 Bilaigarh (C.G.) for the offence punishable under Section 108 of BNS. 2. Case of the prosecution, in brief, is that complainant being the ward boy of Metro Hospital Raigarh informed the police on 23/03/2025 that one person has consumed poison and during his treatment he died. The police started their investigation and it was found that the deceased namely Dashrath Patel consumed poison on the reason that his wife was caught with the present applicant on 16/01/2025 at the house of the deceased. 3. Learned counsel for the applicant submits that the applicant and the wife of the deceased both were in relationship. He would submit that in the present case there is no abetment or instigation on the part of the applicant which attracts section 108 of BNS. He would submit that the wife of the deceased in her statement U/s 161 of The Code of Criminal Procedure herself has stated that when her husband came to her room on 16/01/2025 he saw the present applicant and thereafter the parents of the deceased and other members were also called where the wife stated that she doesn't know anything, thereafter all the persons including the applicant went back to their respective homes, on the next day she went to her parents house and on 17/01/2025 she came to know that her husband has consumed poison. The chain of evidence including the statements of the witnesses makes it clear that no offence has been committed by the applicant. He would submit that the applicant is in jail since 28/05/2025, charge sheet has 3 been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. He would submit that another case has been registered against the applicant under Sections 332(B), 64(2)(m), 351(2), 296 of BNS and in that case as per the statement of the victim recorded under Section 183 BNS goes to show that she was exploited by the applicant time and again for sexual purpose and when she resisted she was threatened that the said fact will be disclosed to her family member and her husband. He would submit that the deceased in this case who was the husband of the victim/complainant in that case had committed suicide and dying declaration was recorded by the Executive Magistrate on 17/01/2025 wherein the deceased had given statement that the applicant had stated that he had established sexual intercourse with his wife on account of which he should commit suicide, hence he committed suicide. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case and also considering the fact that another case has been registered against the applicant under Sections 332(B), 64(2)(m), 351(2), 296 of BNS and in that case as per the statement of the victim recorded under Section 183 BNS goes to show that she was exploited by the applicant time and again for sexual purpose and when she resisted she was threatened that the said fact will be disclosed to her family member and her husband and the deceased in this case who was the husband of 4 the victim/complainant in that case had committed suicide and dying declaration was recorded by the Executive Magistrate on 17/01/2025 wherein the deceased had given statement that the applicant had stated that he had established sexual intercourse with his wife on account of which he should commit suicide, hence he committed suicide, therefore, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant Laxman Patel involved in Crime No.31/2025 registered at Police Station Baramkela, District- Sarangarh Bilaigarh (C.G.) for the offence punishable under Section 108 of BNS, is rejected. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri