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2025 DAILYLAW 56741 (CHH)

SAGUNI PAL v. STATE OF CHHATTISGARH

MCRC/10440/2025 · 2025-12-18

body2025

Judgment text

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1 2025:CGHC:61851 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10440 of 2025 Saguni Pal S/o Gungi Pal Aged About 72 Years R/o Village - Jabar, P.S. And Tahsil- Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through - Police Station- Balrampur, District- Balrampur-Ramanujganj (C.G.) ... Respondent(s) For Applicant(s) : Mr. Abhishek K. Singh, Advocate For Respondent(s) : Ms. Monika Thakur, Panel Lawyer Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 19.12.2025 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. 131/2025, registered at Police Station : Balrampur, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 80(2), 3(5) of Bharatiya Nyaya Sanhita, 2023. RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN 2 2. The case of the prosecution, in brief, is that on 22.08.2025 at about 2:30 PM, the deceased Pooja Pal, daughter-in-law of the younger brother of the applicant, was admitted to District Hospital, Balrampur after allegedly consuming poison. A Merg intimation No. 53/2024 was registered at Police Station Balrampur on 22.08.2025, and subsequently, an FIR was registered on 20.09.2025. It is alleged that the applicant and his nephew (the co-accused) subjected the deceased to harassment with the motive of demanding dowry of Rs.3 lakhs, which led to the incident. The present applicant was arrested on 20.09.2025. Hence this bail application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He is an old person aged about 72 years, residing separately from the deceased, who was the daughter-in-law of the applicant’s brother, and there was no occasion or proximity for him to harass her as both families were living separately. It is further submitted that as per the statement of prosecution witness Sushma Devi, on the date of the incident i.e. 22.08.2025, there was only a minor misunderstanding between the husband and wife regarding food, after which the deceased allegedly consumed poison, the husband immediately took her to the hospital at Balrampur, where she later died during treatment. No prior complaint regarding demand of dowry was ever made before any competent authority, and in their 3 anguish the family members of the deceased have falsely implicated the applicant. The applicant is languishing in jail since 20.09.2025, the investigation is complete and the charge-sheet has already been filed before the Competent Court, however the conclusion of the trial is likely to take some time, hence he prays for grant of bail to the applicant. 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. Lastly, considering the nature and gravity of the offence, 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, the age of the applicant, his separate residence from the deceased, the absence of any prior complaint regarding demand of dowry, the statements of prosecution witnesses indicating a domestic misunderstanding between the husband and wife, the applicant is in jail since 20.09.2025 and the fact that the investigation has been completed and the charge-sheet has already been filed, therefore, 4 this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. 7. Let applicant, Saguni Pal, involved in Crime No. 131/2025, registered at Police Station : Balrampur, District- Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 80(2), 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 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 her absence, without sufÏcient 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 5 the date fixed 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 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 sufÏcient 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. 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