1 2025:CGHC:7339 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1192 of 2025 1 - Vivek Suren S/o Shri Budhuram Suren Aged About 20 Years R/o Village Aamapali, Police Station Urga, District Korba, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Station House Officer, Police Station Pusaur, District Raigarh, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Dashrath Kushwaha, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 10/02/2025 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. 32/2025, registered at Police Station Pusaur, District Raigarh, (C.G.) for the offence punishable under Section 306 of Indian Penal Code, 1860. 2. The prosecution story in brief, is that it is alleged that Crime No.32/2025 was registered against the applicant for an offence punishable under Section 306 of the Indian Penal Code, 1860. During the investigation, 2 statements of the deceased, Deepika Kumari's father, sister, and witness Kiran Sidar were recorded, which revealed that the deceased were in a relationship with the applicant -Vivek and their marriage was fixed. In May 2024, the deceased, and Jaya had gone to attend wedding function at Korba, where the applicant had also arrived and had established physical relationship with the deceased. Subsequently, the applicant-Vivek had established physical relationship with the deceased with multiple times and thereafter, she became two months pregnant and later he refused to marry her. Due to applicant’s refusal, the deceased consumed poison and committed suicide on 09.06.2024. During the investigation, based on witness statements, spot inspection, post-mortem report, and FSL report, a case was registered against the applicant for offence under Section 306 of the IPC. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the present applicant and deceased were in love relationship as a result the deceased conceived pregnancy of two months. Learned counsel for the applicant would further submits that when the deceased had asked the applicant to marry her, the applicant denied for marriage, therefore, she committed suicide. He further submits that the applicant is in jail since 26.01.2025 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, the learned State counsel opposed the bail application of the present applicant and submitted that the applicant and the deceased were in a relationship and their marriage was fixed thereafter, in May 2024, the deceased, and Jaya had gone to attend wedding function at Korba, where the applicant had also arrived and 3 had established physical relationship with the deceased. Subsequently, the applicant-Vivek had established physical relationship with the deceased with multiple times and thereafter, she became two months pregnant and later he refused to marry her. Due to applicant’s refusal, the deceased consumed poison and committed suicide on 09.06.2024. She further submits that the statement of the deceased has not been recorded, Accordingly, he 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 deceased were in a relationship with the applicant and their marriage was fixed. In May 2024, the deceased, and Jaya had gone to attend wedding function at Korba, where the applicant had also arrived and had established physical relationship with the deceased. Subsequently, the applicant had again established physical relationship with the deceased on multiple occasions and thereafter, she became two months pregnant and later he refused to marry her. Due to applicant’s refusal, the deceased consumed poison and committed suicide on 09.06.2024. During the investigation, based on witness statements, spot inspection, post-mortem report, and FSL report, the aforesaid offence has been registered against the applicant However, the statement of the deceased has not been recorded as such, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail, accordingly, the bail application of applicant – Vivek Suren, involved in Crime No. 32/2025, registered at Police Station Pusaur, District Raigarh, (C.G.) for the offence punishable under Section 306 of Indian Penal Code, 1860, is rejected at this stage. 4 7. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 8. 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 Saxena ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA Date: 2025.02.12 17:03:05 +0530