1 2025:CGHC:4982 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 771 of 2025 1 - Madvi Anish S/o Madvi Nanda Aged About 33 Years R/o Village Kolaiguda, Police Station Bheji, District- Sukma, C.G. 2 - Madvi Ganga S/o Madvi Rama Aged About 35 Years R/o Village Kolaiguda, Police Station Bheji, District- Sukma, C.G. 3 - Madvi Lachhu @ Dipendra S/o Madvi Singa Aged About 25 Years R/o Village Kolaiguda, Police Station Bheji, District- Sukma, C.G. 4 - Madvi Vikram S/o Madvi Hirma Aged About 25 Years R/o Village Kolaiguda, Police Station Bheji, District- Sukma, C.G. … Applicants versus State of Chhattisgarh Through Station House OfÏcer, Police Station Kotwali Jagdalpur, District- Bastar, C.G. ... Non-Applicant For Applicants : Mr. Kishore Narayan, Advocate. For Non-Applicant : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.01.2025 1. The applicants have preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as they have been arrested in connection with Crime No. 106/2020, registered at Police Station : Kotwali Jagdalpur, District- Bastar, (C.G.) for the offence punishable under Sections 306 and 34 of Indian Penal Code. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.29 10:47:41 +0530 2 2. The case of the prosecution, in brief, is that the informant/ complainant, Joga Vetti, who is the brother of the deceased, Harshita Vetti, aged about 19-20 years, lodged an FIR stating that his sister, the deceased, was studying nursing at Maharani Hospital and residing in the Nursing College Hostel. On 09.08.2019, she consumed poison in her hostel room and subsequently died during treatment on 06.09.2019. Initially, a merg was registered, and a merg statement was recorded, following which an FIR was registered on 02.03.2020. According to the prosecution’s allegations, applicant No. 01, Madvi Anish wanted to marry the deceased and pressured her by repeatedly calling her on her mobile phone. It is further alleged that the other applicants also exerted pressure on the deceased to marry applicant no. 1. As a result, the deceased consumed poison, leading to her death. 3. It has been argued by the learned counsel for the applicants that the present applicants are innocent and have been falsely implicated in this case and also submits that the incident has taken place on 09.08.2019 where the deceased, who was a nursing student at Maharani Hospital and a resident of the nursing college hostel. Based on the merg information which was converted into an FIR was registered after six months and charge-sheet was filed after four and a half years. He further submits that the merg statement of the complainant, Joga Vetti, was recorded on 07.09.2019, in which he did not name any of the applicants in relation to the abetment of suicide and the merg statement of the father of the deceased was also recorded on the same date, wherein he stated that his 3 daughter was sad because she was unable to provide money to her brother for studying engineering in Bilaspur. He further submits that the present applicants have no criminal antecedent and the applicant No.1 & 2 are in jail since 19.12.2024 and applicant No. 3 & 4 are in jail since 10.01.2025 and the trial is likely to take some time for its conclusion, therefore, he prays grant of bail to the applicants. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has already been filed before the competent Court. He also submits that on 09.08.2019, the deceased consumed poison in her hostel room and subsequently died during treatment on 06.09.2019 and according to the prosecution’s allegations, applicant No. 01, Madvi Anish wanted to marry the deceased and pressured her by repeatedly calling her on her mobile phone and the other applicants also exerted pressure on the deceased to marry applicant no. 1, therefore, they are not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Taking into consideration the facts and circumstances of the case that though the main allegation has been levelled against the applicant is that he was pressurizing the deceased to marry him whereas the other applicants were facilitating in that crime, but all the applicants are brothers and based on the merg information which was converted into an FIR was registered after six months and charge-sheet was filed after four and a half years, the merg 4 statement of the complainant, Joga Vetti, was recorded on 07.09.2019, in which he did not name any of the applicants in relation to the abetment of suicide and the merg statement of the father of the deceased was also recorded on the same date, wherein he stated that his daughter was sad because she was unable to provide money to her brother for studying engineering in Bilaspur and further the fact that the present applicants have no criminal antecedent and the applicant No.1 & 2 are in jail since 19.12.2024 and applicant No. 3 & 4 are in jail since 10.01.2025 and the trial is likely to take some time for its conclusion, therefore, this Court is of the considered view that the present applicants are entitled to be released on regular bail in this case. 7. Let the Applicants – Madvi Anish, Madvi Ganga, Madvi Lachhu @ Dipendra and Madvi Vikram , involved in Crime No. 106/2020, registered at Police Station : Kotwali Jagdalpur, District- Bastar, (C.G.) for the offence punishable under Sections 306 and 34 of Indian Penal Code, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without 5 sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against them in accordance with law. 8. OfÏce 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 Rahul Dewangan