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2025 DAILYLAW 56751 (CHH)

PAWAN SINGH v. STATE OF CHHATTISGARH

MCRC/9322/2025 · 2025-12-15

body2025

Judgment text

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1 2025:CGHC:61265 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9322 of 2025 Pawan Singh S/o Late Dasahrat Singh Aged About 22 Years R/o Village- Abadi Police Station - Ramchandrapur, District - Balrampur-Ramanujganj, C.G. ... Applicant versus State of Chhattisgarh Through Police Station - Ramchandrapur, District Balrampur-Ramanujganj, C.G. ... Non-Applicant For Applicant : Mr. Sangeet Kumar Kushwaha, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 16.12 .202 5 1. The learned counsel for the applicant submits that he has filed a fresh certified copy of the bail rejection order on 16.12.2025, in which the year of the crime number has been corrected. Hence, the Court may proceed with the matter accordingly. 2. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 10/2025, registered at Police Station - Ramchandrapur, District Balrampur- Ramanujganj (C.G.) for the offence punishable under Sections 108 of Bharatiya Nyaya Sanhita, 2023. PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2025.12.17 11:05:51 +0530 2 3. As per the prosecution's case, the complainant, Koil Singh, lodged a written report at Ramchandrapur police station stating that on 26.04.2025, his son informed him that the deceased, his sister, had committed suicide by hanging herself in a room at home. The deceased was in a love affair with the accused, and after he refused to marry her, she took her own life. Based on this, the accused has been charged with abetment to suicide and has been arrested. 4. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He further submitted that the trial is in progress and, out of 19 witnesses, 7 witnesses have been examined, and all the witnesses, including the parents of the deceased, have turned hostile. It is stated that the deceased was having a love affair with the applicant, but since the applicant refused to marry her, she committed suicide. The suicide note, which is alleged to have been written by the deceased, was not sent for handwriting examination to ascertain its genuineness. The applicant has no previous criminal antecedents. The charge-sheet has already been filed in this case, and the applicant has been in jail since 29.04.2025. The trial is likely to take a considerable time for its conclusion; therefore, he prays for grant of bail. 5. On the other hand, the learned State counsel opposes the bail application of the applicant. 6. I have heard learned counsel for the parties and perused all of the documents available on record. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and the fact that the trial is in progress and, out of 19 witnesses, 7 witnesses have been examined, and all the witnesses, including the parents of the deceased, 3 have turned hostile, further the applicant has no previous criminal antecedents, the charge-sheet has already been filed in this case, and the applicant has been in jail since 29.04.2025, and conclusion of the trial is likely to take some time, this Court is of the view that the applicant is entitled to be granted regular bail in this case. 8. Accordingly, the bail application is allowed. Let applicant - Pawan Singh, respectively involved in Crime No. 10/2025, registered at Police Station - Ramchandrapur, District Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 108 of Bharatiya Nyaya Sanhita, 2023, 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 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 his presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall 4 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 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. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Preeti