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2025 DAILYLAW 46869 (CHH)

DHANESHWAR JANGDE v. STATE OF CHHATTISGARH

MCRC/9420/2025 · 2025-11-20

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Judgment text

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1 2025:CGHC:56774 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9420 of 2025 Dhaneshwar Jangde S/o Shyamlal Jangde Aged About 25 Years R/o Village Riko P.S. Mandir Hasoud, District : Raipur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through P.S. Mandir Hasoud, District : Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. F.S. Khare, Advocate For Non-applicant/State : Ms. Vaishali Mahilong, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 21.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as she has been arrested in connection with Crime No. 204/2025, registered at Police Station : Mandir Hasoud, District : Raipur, (C.G.) for the o9ence punishable under Section 80, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The case of the prosecution, in brief, is that on 13.05.2025, the present applicant, Dhaneshwar Jangde, lodged a merg intimation stating that his wife, Smt. Jyoti Jangde, aged about 21 years, had RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 committed suicide by hanging herself from a ceiling fan. On this information, the police registered Merg No. 59/2025 under Section 194 of the BNSS, and a merg panchnama was prepared in the presence of the Executive Magistrate, Mandir Hasoud. During the inquiry, the statements of the parents of the deceased were recorded, wherein they alleged that the husband, Dhaneshwar Jangde, and the father-in-law, Shyam Lal Jangde, had subjected the deceased to cruelty and harassment for demand of dowry, including a motorcycle and cash. It was further alleged that the present applicant, being the husband of the deceased, used to abuse her and assault her after consuming liquor, thereby causing mental harassment, which ultimately drove her to commit suicide. Hence, the present bail application has been Bled. 3. Learned counsel for the applicant submits that the present applicant is an innocent person and has been falsely implicated in the aforesaid case. He further submits that the applicant is the husband of the deceased, and their marriage was solemnized on 22.04.2024, and prior to the date of the incident the deceased had been residing at her parental home for about eight months. The applicant had on several occasions seen the deceased talking to someone over the mobile phone, and upon inquiry she had informed him that she was married to the applicant under family pressure. It is further submitted that the allegations of cruelty and mental harassment on account of dowry demand are wholly false, baseless, and concocted, as neither the applicant nor his father ever demanded any dowry from the deceased or her family; rather, 3 general and omnibus allegations have been levelled by the parents of the deceased only with a view to falsely implicate the applicant and his father. It is also submitted that the co-accused, Shyam Lal Jangde, who is the father of the present applicant, has already been granted bail by this Hon’ble Court vide order dated 16.10.2025 passed in M.Cr.C. No. 8364/2025. It is submitted that the applicant is in judicial custody since 23.05.2025, the charge-sheet has already been Bled and the conclusion of the trial may take considerable time. Therefore, he prays for grant of regular bail to the applicant in the present case. 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. She further submits that the merg inquiry revealed serious accusations made by the parents of the deceased, clearly stating that the applicant, who is the husband of the deceased, along with his father, subjected the deceased to continuous cruelty and harassment for dowry, including a demand for a motorcycle and cash. It has further come on record that the applicant used to abuse and assault the deceased after consuming liquor, thereby causing severe mental harassment, which allegedly drove the deceased to commit suicide. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 4 6. Considering the facts and circumstances of the case, particularly the nature of allegations levelled against the applicant being general and vague, the cause of death being asphyxia due to antemortem hanging as per the post-mortem report, and there being no dying declaration, suicide note, or any eyewitness account of the incident, and further taking into account that similarly placed co-accused, Shyam Lal Jangde, who is the father of the present applicant, has already been granted bail by this Court vide order dated 16.10.2025 passed in M.Cr.C. No. 8364/2025, and also considering that the applicant is in jail since 23.05.2025, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Dhaneshwar Jangde, involved in Crime No. 204/2025, registered at Police Station : Mandir Hasoud, District : Raipur, (C.G.) for the o9ence punishable under Section 80, 85, 3(5) of Bharatiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall Ble an undertaking to the e9ect that he shall not seek any adjournment on the dates Bxed 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 Bxed, either personally or through 5 his counsel. In case of her absence, without suFcient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the Court on the date Bxed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates Bxed 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 applicant is deliberate or without suFcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 8. OFce is directed to provide a certiBed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan