Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:44274
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6860 of 2025 Domesh Sahu S/o Late Atmaram Sahu Aged About 28 Years R/o Bairagibhedi, Thana/ Tahsil - Chhuriya, District - Rajnandgaon (C.G.)
... Applicant(s) versus The State Of Chhattisgarh Through Sho, Thana Chhuriya, District- Rajnandgaon (C.G.)
... Non-applicant(s) For Applicant : Ms. Samir Singh, Advocate. For Non-applicant/State : Mr. Nitansh Jaiswal, Panel Lawyer. Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board 01.09.2025
1. The applicant has preferred this Second Bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail, as he has been arrested in connection with Crime No.02/2025, registered at Police Station- Chhuriya, District – Rajnandgaon, (C.G.) for the offence punishable under Sections 304-B of Indian Penal Code.
2. The earlier first bail application of the applicant being MCRC No. 1749 of 2025 was rejected by this Court vide order dated KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 20.03.2025, on merits.
3. The prosecution story in brief, is that on 13.05.2024, the deceased Urmila Bai Sahu, wife of Domesh Sahu (Applicant), was found in a burned condition at her residence. She was admitted to N.B.Care Hospital, Rajnandgaon, for treatment, where she succumbed to her injuries. Consequently, an investigation was initiated under Section 174 of the Code of Criminal Procedure (CrPC) at Chhuriya Police Station, registered as Merg No. 27/2024. During the investigation, it was revealed that the deceased had been subjected to physical assault by her husband, Domesh Sahu, due to demand of dowry and his intention to marry another woman. This led to severe mental harassment, which ultimately drove the deceased to set herself on fire, resulting in her death.
4.
Learned counsel for the applicant submits that the the applicant is innocent and he has been falsely implicated in this case. He further submits that the earlier bail application of the applicant was rejected by this Court being MCRC No. 1749/2025, vide order dated 20.03.2025, on merits and the new ground for filing of the second bail application is that out of 26 prosecution witnesses, 13 witnesses have been examined and further in this case he submits that the applicant and the deceased were married for seven years and during this period, no complaints of dowry harassment or domestic violence were ever lodged by the deceased and her family. He further submitted that there is delay in lodging the FIR, the incident occurred on 13.05.2024, but the FIR was filed on 02.01.205 (almost eight months later). He further submitted that the
3 applicant had remarried and the deceased was his first wife and it is alleged that she was in depression, on account of which she committed suicide and the applicant is in jail since 17.01.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposed the prayer for grant of bail and submitted that during the course of investigation, it was revealed that the deceased had been subjected to physical assault by her husband/applicant due to his demand for dowry and his intention to marry another woman. This caused severe mental harassment, which ultimately drove the deceased to set herself on fire, resulting in her death. Accordingly, the present applicant is not entitled to the grant of bail. 6. I have heard learned counsel for the parties, perused the pleadings and documents appended thereto. 7. No new ground has been raised in this second bail application, except that 13 out of 26 witnesses have been examined. The earlier bail application was rejected on merits after considering the nature and gravity of the offence as well as the allegations levelled against the applicant. It cannot, therefore, be treated as a case of false implication. Hence, the applicant has failed to make out any substantial ground warranting interference by this Court. 8.
Accordingly, the Second bail application of the applicant – Domesh Sahu, filed under Section 483 of the BNSS, involved in Crime No.02/2025, registered at Police Station- Chhuriya, District –
4 Rajnandgaon, (C.G.) for the offence punishable under Sections 304-B of Indian Penal Code, is rejected. 9. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 10. 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 Kunal