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2025 DAILYLAW 48059 (CHH)

KRISHNA MANDAVI v. STATE OF CHHATTISGARH

MCRC/9098/2025 · 2025-11-12

body2025

Judgment text

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1 2025:CGHC:55319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9098 of 2025 Krishna Mandavi S/o Shri Vishal Madavi Aged About 27 Years R/o Vill. Neganaar Kotwarpara, P.S. Lonhandiguda, Dist Bastar (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, P.S.- Frezarpur, Dist. Bastar (C.G.) ... Respondent(s) For Applicant(s) : Mr. Devershi Thakur, Advocate For Respondent(s) : Mr. Swajeet Ubeja, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 13.11.2025 1. The applicant has preferred this First Bail Application under Section 483 of The Bharatiya Nagarik Suraksha Sanhita (BNSS) for grant of regular bail, as he has been arrested in connection with Crime No.135/2025, registered at Police Station- Frezarpur, Dist. Bastar (C.G.) for the offence punishable under Section 108 of the BNS. MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2025.11.13 17:21:56 +0530 2 2. As per the prosecution story, the accused-applicant Krishna Mandavi was in a relationship with the deceased Anshika Haldar and had allegedly abetted her to commit suicide. It is stated that on 19.05.2025, the deceased had left her home for college and returned late at night. On 22.05.2025, her health deteriorated, and she was taken to the hospital by her family members. The prosecution further alleges that on 19.05.2025, the applicant had enticed the deceased, following which, being distressed by his alleged humiliation, she consumed rat poison. Thereafter, she was taken to the hospital by the applicant, where they were informed that the matter could invite police action, both then returned home. The deceased subsequently informed her mother about the incident and was again hospitalized for treatment. However, despite medical intervention, she could not recover and ultimately succumbed to death on 02.06.2025. 3. Consequently, a crime was registered on 22.06.2025 at Police Station Frezarpur/Parpa, District Bastar (C.G.), vide Crime No. 135/2025 under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (Abetment of Suicide), and the applicant was arrested on the same day. The charge sheet was filed on 19.08.2025. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case, as there was no act of abetment or instigation on his part leading to the unfortunate death of the deceased. It is pertinent to note that the applicant and the deceased were friends, and it was the applicant himself 3 who had taken the deceased to the hospital regarding her previous medical issues, which fact is substantiated from the medical reports mentioned in the charge-sheet. There is no independent or direct evidence to establish that the applicant had abetted or compelled the deceased to consume poison. The further allegation that the applicant fled from the hospital is baseless and appears to have been made with the sole intention of falsely implicating him. The prosecution has failed to produce any cogent or credible material to suggest that the applicant had instigated or aided the deceased in committing suicide, and the alleged abusive language and telephonic conversations relied upon by the prosecution are uncorroborated and inadmissible in law in the absence of proper verification or electronic evidence. He lastly submits that applicant is languishing in jail since 22.06.2025 and though the charge-sheet has already been filed, the conclusion of the trial is likely to take some time. Hence he prays for grant of bail to the applicant. 5. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submissions advanced by learned counsel for the applicant. 6. From perusal of the records, it transpires that cause of death of deceased was due to consuming poison and further, though it is an admitted fact the applicant and deceased were college-mates and there was some relationship between them, but there is no any suicidal note or dying declaration to involve the applicant in 4 the crime in question and further, the applicant is languishing in jail since 02.12.2024 and though the charge-sheet has been filed, the conclusion of the trial is likely to take some time, hence the bail application of the applicant stands allowed. 7. Let applicant, Krishna Mandavi, involved in Crime No.135/2025, registered at Police Station- Frezarpur, Dist. Bastar (C.G.) for the offence punishable under Section 108 of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed 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 fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 of Bharatiya Nyaya Sanhita is issued and the applicant fails to appear before the court on the date fixed in such 5 proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section Section 209 of Bharatiya Nyaya Sanhita. (iv) The applicant 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 applicant is 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 him 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 Manpreet