Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:51926
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7390 of 2025 1 - Ganesh Ram Kunjam S/o Late Shri Preetram Kunjam Aged About 43 Years R/o Village Arjuni, Post - Govindpur, Presently R/o Durgukondal, Distt. North Bastar Kanker Chhattisgarh
... Applicant Versus 1 - The State Of Chhattisgarh Through The Station House Officer, Police Station - Kodekurse, Distt. - North Bastar Kanker Chhattisgarh
... Non-applicant For Applicant : Mr. Rajendra Patel, Advocate For Non-Applicant : Mr. Nitansh Kumar Jaiswal, Advocate S.B. Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board 17.10.2025
1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 06/2025 registered at Police Station - Kodekurse, District North Baster Kanker (C.G.) for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita (for short ‘BNS’).
2. Case of the prosecution, in brief, is that the complainant lodged a report at the concerned police station alleging that, 06.05.2025, the sister of the complainant (hereinafter referred to as deceased) along with her adopted daughter committed suicide by consuming poison due to the physical and mental harassment hurled upon her by her husband i.e. the present applicant. The present applicant used to instigate the deceased and her SHUBHAM DEY Digitally signed by SHUBHAM DEY
2 daughter to commit suicide and on the said date, the deceased committed suicide alleging various allegations against the applicant in a suicide note. Acting on the complaint, the police registered a case under Sections 108 of the Bhartiya Nyay Sanhita against the applicant. During the course of investigation, he was arrested on 12.05.2025. Hence, the bail application.
3.
Learned counsel for the applicant submits that the applicant is innocent, he has not committed any offence as alleged and has been falsely implicated in the aforesaid crime. He submits that the charge-sheet has been filed before the competent Court and there is no material against the applicant in the entire charge-sheet. He further submits that in the suicidal note also, there is no specific allegation leveled against the applicant. He submits that the applicant had never instigated or abused the deceased to commit suicide and therefore, he may be enlarged on bail.
4. On the other hand, learned State counsel opposes the bail application and submits that charge-sheet has already been filed in the present case. She further submits that present applicant being husband of the deceased had abused and harassed the deceased regularly and further, in the suicide note also, the deceased has leveled specific allegations against the applicant for abusing and instigating the deceased to commit suicide. In support of her contention, she produced the statement of statement of witness and suicide note of the deceased. Therefore, he may not be enlarged on bail.
5. I have heard learned counsel for the parties and perused the case diary.
6. Considering the facts and circumstances of the case, the nature and gravity of the offense leveled against the applicant and also, the fact that the deceased has leveled specific allegations against the applicant in her suicide note and the documentary evidences produced before this Court, furthermore, considering the gravity and seriousness of this case and it cannot be a case of false implication, this Court is of the view that it is not a
3 fit case to enlarge the applicant on bail.
7. Accordingly, the second bail application of the applicant – Ganesh Ram Kunjam, involved in Crime No. 06/2025 registered at Police Station - Kodekurse, District – North Baster Kanker (C.G.) for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously.
9. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance.
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Sd/-
(Ramesh Sinha)
CHIEF JUSTICE Dey