Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:5849
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 897 of 2025 Gopal Verma S/o Shri Rajesh Verma Aged About 26 Years R/o Village Ward No. 08, Ganeshpara, Motipur, Police Chowki Chikhli, P.S. Kotwali, Rajnandgaon, District Rajnandgaon, C.G.
... Applicant versus State Of Chhattisgarh (Through The District Magistrate, Rajnandgaon) Through Police Outpost Chikhli, Police Station Kotwali, Rajnandgaon, District Rajnandgaon, C.G.
---- Non-applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31/01/2025
1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 721/2024 registered at Police Station Kotwali Rajnandgaon, Out Post-Chikhli District- Rajnandgaon (C.G.) for the offence punishable under Sections 306 of the IPC. 2. Case of the prosecution, in brief, is that on 06.08.2024, Rajesh, son of late Pardeshi Verma, reported a death at the Chikhli police post. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 It is stated that the deceased -Savita Verma, aged about 22 years, wife of Gopal Verma, had committed suicide by hanging herself at her residence in Motipur, Rajnandgaon. After that the investigation and post-mortem were conducted by the Executive Magistrate, Rajnandgaon. During the inquest, a suicide note was found from her, alleging that Savita's husband, Gopal Verma, would quarrel and beat her daily after consuming alcohol and that other family members had also made hurtful comments, upon such act’s of the applicant and their family member, she committed suicide by hanging herself. 3. Learned counsel for the applicant submit that the applicant is innocent and has been falsely implicated in offence in question. He further submits as per the material collected by the prosecution, the prima facie case is not made out against the present applicant. He further submits that as per the material collected by the prosecution no offence of abetment is made out and the prima facie case is not made out against the applicant however, the fact that from possession of the deceased three suicidal notes were found from her wherein she had written that the applicant/husband and his family harassed her therefore, she committed suicide by hanging herself.
He further submits that there is no injury found on her except ligature mark and the applicant is in jail since 23.11.2024, in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the
3 respondent/State opposes the bail application and submits that from perusal of the suicidal note which was recovered from the possession of the deceased, it appears that after the marriage, the deceased was fine, but thereafter the applicant/husband and his family have harassed her moreover, the applicant/husband was assaulted her daily after consuming liquor and his family member had also made hurtful comments, upon such act’s of the applicant and his family member, she committed suicide. Accordingly, the applicant is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case and the fact that from perusal of the suicidal note which was recovered from the possession of the deceased, it appears that after the marriage, the deceased was fine, but thereafter the applicant/husband and his family have harassed her moreover, the applicant/husband was assaulted her daily after consuming liquor and his family member were also made hurtful comments, upon such act’s of the applicant and his family member, she committed suicide and further she has three months pregnant and as per the material collected by the prosecution, the aforesaid offence is made out against the accused. Hence, this Court is of the view that it is not a fit case to release the applicant on bail. 7. Let the Applicant -Gopal Verma, involved in Crime No. 721/2024 registered at Police Station Kotwali Rajnandgaon, Out Post-Chikhli District- Rajnandgaon (C.G.) for the offence punishable under
4 Sections 306 of the IPC, is rejected at this stage.
8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/-
(Ramesh Sinha)
Chief Justice Kunal