1 2025:CGHC:61522 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9592 of 2025 Devanand Nirmalkar@ Deva @ Laddu S/o Amarnath Nirmalkar Aged About 30 Years R/o Village Konari, P/s Tilda Newra, District Raipur C.G., Currently At- Besides C.G. Academy School, Kota Colony, P/s Saraswati Nagar, Raipur Chhattisgarh. ... Applicant versus State of Chhattisgarh Through S H O, PS Saraswati Nagar, Raipur, District Raipur, Chhattisgarh. ... Non-applicant For Applicant : Mr. Vinay Nagdev, Advocate appears through video conferencing For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 17.12.2025 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. 210/2025, registered at Police Station : Saraswati Nagar, Raipur, District Raipur, (C.G.) for the o昀昀ence punishable under Section 80 of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that the deceased was subjected to continuous physical and mental cruelty by her husband, the accused Devanand Nirmalkar, on account of his demand for a motorcycle as dowry. It is alleged that the accused persistently harassed the deceased for not bringing the demanded motorcycle and also subjected her to further cruelty by forcing her to have physical relations even during her ill health and menstrual periods. As a result of such sustained harassment and cruelty, the deceased became mentally distressed and, within about three months of her marriage, committed suicide by hanging herself with a chunni from the ceiling fan in her rented room. During the course of investigation, the aforesaid facts were revealed, and accordingly, the present applicant was arrested. Hence, the present bail application has been 昀椀led. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case, as prima facie the essential ingredients of the alleged o昀昀ence under Section 80 of the BNS are not attracted against him. It is contended that the prosecution case is false, baseless and an afterthought, allegedly developed in connivance with the police authorities. The applicant was arrested on 02.09.2025 by Police Station Saraswati Nagar, Raipur, and since then has remained in judicial custody despite his innocence. From a bare perusal of the charge-sheet, it is evident that the applicant and the deceased were both working and theirs was a love marriage solemnized on 04.05.2025 in a simple manner, which falsi昀椀es the vague allegation of dowry demand. The 3 marriage photographs annexed as Annexure A/3 clearly indicate that no dowry transaction took place. It is further submitted that the naksha panchayatnama and post-mortem report reveal no external or internal injuries on the body of the deceased, and even during the morgue intimation, no allegation of cruelty was made. The o昀昀ence under Section 80 of the BNS appears to have been mechanically added merely because the death occurred within the statutory period. Statements of relatives recorded after the incident are exaggerated and contrary to the medical and documentary evidence, clearly re昀氀ecting false implication as an afterthought. The investigation is complete and the charge-sheet has been 昀椀led; the applicant has no criminal antecedents, was working as a Medical Representative, and is the sole bread-earner of his family. Therefore, continued incarceration of the applicant would serve no useful purpose. 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 prosecution case discloses serious and grave allegations against the present applicant, who is the husband of the deceased. The investigation has revealed that the deceased was subjected to continuous physical and mental cruelty by the applicant on account of persistent demand for a motorcycle as dowry, and was further forced to maintain physical relations even during her ill health and menstrual periods. The sustained cruelty 4 in昀氀icted by the applicant drove the deceased into severe mental distress, resulting in her committing suicide within about three months of her marriage by hanging herself in her rented room. The allegations are supported by statements recorded during investigation, which clearly establish a prima facie case against the applicant. Considering the nature and gravity of the o昀昀ence, the close proximity between the marriage and the death, and the serious allegations of dowry-related cruelty leading to suicide, 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. 6. Considering the facts and circumstances of the case, particularly the nature of allegations levelled against the present applicant, who is the husband of the deceased 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 also considering that the applicant is in jail since 02.09.2025, the charge-sheet has already been 昀椀led before the competent Court, and he has no criminal antecedents, 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. 5 7. Let applicant, Devanand Nirmalkar @ Deva @ Laddu, involved in Crime No. 210/2025, registered at Police Station : Saraswati Nagar, Raipur, District Raipur, (C.G.) for the o昀昀ence punishable under Section 80 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 昀椀le an undertaking to the e昀昀ect that he shall not seek any adjournment on the dates 昀椀xed 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 昀椀xed, either personally or through his counsel. In case of her absence, without su昀케cient 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 昀椀xed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the 6 Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates 昀椀xed 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 su昀케cient 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. O昀케ce is directed to provide a certi昀椀ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan