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2025 DAILYLAW 61144 (CHH)

SUMAR SAI @ SOMAR v. STATE OF CHHATTISGARH

MCRC/10235/2025 · 2025-12-10

body2025

Judgment text

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1 2025:CGHC:60451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 10235 of 2025 Sumar Sai @ Somar S/o Late Shri Shivratan Aged About 33 Years R/o Village- Sukhari Bhandar, Police Station - Udaypur, District : Surguja (Ambikapur), Chhattisgarh ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Station- Udaypur, District – Surguja (Ambikapur), Chhattisgarh. ... Respondent(s) For Applicant(s) : Mr. Rishi Rahul Soni, Advocate. For Respondent(s) : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.12.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’), for grant of regular bail, as he has been arrested in connection with Crime No. 71/2025, registered at Police Station Udaypur, District – Surguja (Ambikapur) (CG) for the offence punishable under Sections 108 of BNS. 2. The prosecution story in brief, is that the deceased Janki was residing as wife with the applicant (the accused) Somar Sai for about one year. It is further alleged that the applicant (the accused) would always quarrel with the deceased and would harass her, and consequently, on 22.01.2025 the deceased committed suicide by hanging herself. On the basis of the above facts, a crime was registered against the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 applicant. Hence, this application. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. It is further submitted that there are 15 witnesses out of which 7 witnesses have not been examined before the trial Court, and from the perusal of the statement of the parents of the deceased, it goes to show that there is only a general allegation levelled against the applicant. The applicant is in jail since 04.05.2025 and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State counsel opposes the bail application and submits that the charge-sheet has been filed in the present case before the competent Court. It is further submitted that the applicant and the deceased were living together in live-in relationship, and the applicant was indulged in a crime of committing marpeet with the deceased and the deceased also complaint about the same to her father, and as per the allegation and the statements of the parents of the deceased, she committed suicide by hanging herself on account of mental and physical harassment made by the applicant, therefore, the applicant is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts & circumstances of the case, nature & gravity of the offence, material available in the case dairy and the fact that the applicant and the deceased were living together in live-in relationship, and the applicant was indulged in a crime of committing marpeet with the deceased and the deceased also complaint about the same to her 3 father, and as per the allegation and the statements of the parents of the deceased, she committed suicide by hanging herself on account of mental and physical harassment made by the applicant, hence, this Court is of the opinion that is not a fit case to enlarge the applicant on regular bail. 7. Accordingly, the bail application of applicant- Sumar Sai @ Somar, involved in Crime No. 71/2025, registered at Police Station Udaypur, District – Surguja (Ambikapur), (CG) for the offence punishable under Sections 108 of BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and concluded the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar