JAIPRAKASH KAUSHIK ALIAS PINTU v. STATE OF CHHATTISGARH
MCRC/6505/2025 · 2025-09-10
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[ 2025 DAILYLAW 40214 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40214 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:46602
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6505 of 2025 Jaiprakash Kaushik Alias Pintu S/o. Chandan Kaushik Aged About 19 Years R/o Patrapara, Rajpur, P.S. Rajpur, District Balrampur Ramanujganj (C.G.)
... Applicant versus State of Chhattisgarh Through S.H.O. P.S. Rajpur, District Balrampur Ramanujganj (C.G.)
... Non-applicant For Applicant : Mr. Chitendra Singh, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 11.09.2025
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. 70/2025 registered at Police Station – Rajpur, District – Balrampur - Ramanujganj (C.G.), for the offence punishable under Section 108 of the Bhartiya Nyaya Sanhita,
2023. 2. The case of the prosecution in brief is that on 31.01.2025, a Merg intimation was recorded by the informant, Jher Sai Tekam, regarding the suicide of his niece, Muneshwari Tekam. It was stated that on 30.01.2025, at about 08:30 P.M., the entire family went to sleep in their ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.09.12 18:49:37 +0530
2 respective rooms after having dinner. On the next morning, i.e., 31.01.2025, at about 07:30 A.M., when the family members woke up, the deceased, Muneshwari, did not wake up. When she did not respond, the informant/complainant, Jher Sai Tekam, knocked on her door but received no reply. He then entered through the gap between the wall of the room and the roof, opened the door from inside, and saw that his niece, Muneshwari, was hanging in the bathroom of the house by using a dupatta. On touching her, he found her body stiff and lifeless. Upon receiving information that the deceased Muneshwari used to talk to a boy on mobile phone, Merg No. 17/2025 under Section 194 BNSS was registered, and panchnama proceedings were conducted. Thereafter, post-mortem of the deceased was conducted, and her body was found at the place of incident. A suicide note, allegedly written by her, was recovered, seized, and taken into police custody after preparation of an identification panchnama in the presence of her family members. During post-mortem, the doctor opined that the deceased was pregnant, and the uterus along with the fetus was preserved for DNA testing. On the basis of the suicide note, the post-mortem report, and the statements of the complainant and witnesses, it was revealed that the deceased, being pregnant with the child of the applicant/accused, Jai Prakash Kaushik alias Pintu, and being harassed by him for not accepting the child as his own, committed suicide. In her suicide note, she mentioned the name of Jai Prakash Kaushik as the reason for her death.
Accordingly, on the basis of Merg intimation and collected evidence, Crime No. 70/2025 was registered for the offence punishable under Section 108 of BNS, and investigation was set in motion. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the charge-sheet has
3 already been filed, however, the FSL report as well as the report of the questioned suicide note by the handwriting expert has not yet been obtained by the prosecution, as mentioned in the charge-sheet. Therefore, the applicant/accused cannot be kept behind bars merely on the basis of suspicion. He also submits that it is evident from the FIR itself that the investigating officer has not recorded the statement of any friend of the deceased or of the applicant to establish that the applicant/accused had provoked or instigated the deceased to commit suicide. The present applicant/accused has been implicated solely on the basis of the alleged suicide note. He further submits that the present applicant has no criminal antecedents and he is in jail since 25.03.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application of the present applicant and submits that the deceased and the applicant were in a love relationship, and when the deceased became pregnant, the applicant refused to marry her and accept the child. It is also evident from the suicide note left behind by the deceased. Therefore, the applicant is not entitled to the grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, submissions of
learned counsel for the parties, nature of dispute and material available in the case diary and further the fact that the deceased and the applicant were in a love relationship, and when the deceased became pregnant, the applicant refused to marry her and accept the child, the said fact is also evident from the suicide note left behind by the deceased. Therefore,
4 this Court is of the opinion that it is not a fit case to enlarge the applicant on bail.
7. Accordingly, the first bail application of the applicant – Jaiprakash Kaushik Alias Pintu, involved in Crime No. 70/2025 registered at Police Station – Rajpur, District – Balrampur - Ramanujganj (C.G.), for the offence punishable under Section 108 of the Bhartiya Nyaya Sanhita, 2023, is rejected.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously.
9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith.
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Sd/-
(Ramesh Sinha)
Chief Justice Abhishek