Research › Search › Judgment

High Court of Chhattisgarh · body

2025 DAILYLAW 41145 (CHH)

AKASH VAISHNAV v. STATE OF CHHATTISGARH

MCRC/6954/2025 · 2025-09-01

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 4 2025:CGHC:44705 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6954 of 2025 1 - Akash Vaishnav S/o Lt. Manoj Vaishnav Aged About 21 Years R/o Bhagat Singh Chowk Tikrapara, Distt. Raipur (C.G.) 2 - Sabiya Parvin D/o Md. Rashid Aged About 19 Years R/o Near Police Lines Raipur, Distt- Raipur (C.G.) ... Applicants versus State Of Chhattisgarh Through P. S. New Rajendra Nagar, District Raipur (C.G.) ...Non-applicant For Applicants : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.09.2025 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 applicants who have been arrested in connection with Crime No. 113/2025 registered at Police Station – Rajendra Nagar, District - Raipur (C.G.), for the offence punishable under VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.09.02 17:38:07 +0530 2 / 4 Sections 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, in brief, on 03.06.2025 at about 11:30 PM, the deceased, Jaswinder Kaur Dhillon @ Jas, committed suicide by jumping from the roof of Sai Dream City Building. An FIR was lodged by the complainant, Rashmi Thakur, alleging that the deceased was in a live-in relationship with the co-accused, Niraj Majumdar. 3. The Applicants respectfully submit that they are innocent and have been falsely implicated. Even if the prosecution case is taken at face value, the offence under Section 108 B.N.S. is not made out as the essential ingredients are missing. The allegations are vague, omnibus, and unsupported by concrete evidence, particularly regarding the alleged live-in relationship of the deceased with a co-accused, which is based merely on suspicion of the complainant. The deceased, who was in a live-in relationship with co-accused Niraj Majumdar, unfortunately committed suicide by jumping from the roof of Sai Dream City Building; however, the Applicants had no role in abetting the suicide and were not present at the place of occurrence. Notably, co-accused persons have already been granted bail by this Hon’ble Court, and given that the Applicants are young (aged about 25 and 19 years). He further submits that the applicants are in jail since 05.06.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present 3 / 4 applicants. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicants and submits that the charge- sheet has already been submitted in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicants, and the fact that the other co-accused person has already been granted regular bail by this Court in MCRC No. 6812 of 2025 vide order dated 29.08.2025, as well as the fact that the applicants have no previous antecedents and the charge-sheet has been filed, and that they have been in jail since 05.06.2025 with the conclusion of the trial likely to take some time, I am inclined to grant regular bail to the present applicants. 7. Let the Applicants – Akash Vaishnav & Sabiya Parvin, involved in Crime No. 113/2025 registered at Police Station – Rajendra Nagar, District - Raipur (C.G.), for the offence punishable under Sections 108 read with Section 3(5) of the Bhartiya Nyaya Sanhita, 2023 be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence when the witnesses 4 / 4 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav