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2026 DAILYLAW 1161 (CHH)

ASHWANI VERMA v. THE STATE OF CHHATTISGARH

MCRC/2571/2026 · 2026-03-17

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Judgment text

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1 2026:CGHC:13042 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2571 of 2026 Ashwani Verma S/o Shatruhan Verma Aged About 35 Years R/o Village Tendubhatha, Police Station And District Bemetara (CG) ... Applicant versus The State Of Chhattisgarh Through Police Station Bemetara District Bemetara (C.G.) ... Respondent For Applicant : Shri Amit Kumar Sahu, Advocate. For Respondent/State : Shri Nitansh Jaiswal, Dy.G.A. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18/03/2026 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail to the applicant who has been arrested in connection with Crime No.832/2025 registered at Police Station Bemetara, District Bemetara C.G., for the offence punishable under Sections 307 & 306 of I.P.C. 2. Case of the prosecution, in brief, is that on 08-11-2023 in the night the applicant being angry with his wife for asking for food and his wife GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.03.23 11:04:58 +0530 2 saying that she would wash the utensils and give him food, then the applicant abused beat with intention to kill her and he tried to strangulate her by wrapping a towel around her neck on account of this she committed suicide by pouring kerosene oil and set herself on fire and during treatment she has died on the next day in the hospital, on this basis the merg intimation has been lodged by the ward boy of the hospital and after investigation the crime has been registered for the offences u/s. 307, 306, of IPC. and arrested the applicant, after completion of investigation the challan has been submitted before the learned court below. Hence, the bail application. 3. Learned counsel for the applicant submitted that the deceased committed suicide as she was suspecting that the applicant had extra marital affair. He would submit that the charge sheet has been filed, the applicant is in jail since 18/12/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. Learned counsel appearing for the State/respondent would oppose the bail application and submit that the charge-sheet has been filed in the present case. He would submit that at the time the deceased was firstly assaulted by the applicant who is her husband and he tried to press her neck by a cloth (gamcha) and as per the postmortem report, she has suffered antemortem injuries, there is a dying declaration of the deceased which goes to show that it is stated that the applicant was aggrieved by the fact that the food was not being provided by the deceased on account of which he had tried to strangulate her neck with a cloth, thereafter the deceased committed suicide because of the act 3 of her husband, therefore considering the gravity of the offence, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the materials available on record. 6. Considering the facts and circumstances of the case, the materials available on record, further the fact that applicant, being the husband of the deceased, initially assaulted her and attempted to strangulate her using a cloth (gamcha), further the postmortem report confirms antemortem injuries, the dying declaration of the deceased states that the applicant, aggrieved over not being served food, tried to strangulate her, following which she committed suicide due to his actions, in view of the seriousness of the offence and the circumstances of the case, this Court is not inclined to grant bail to the applicant. 7. Accordingly, the bail application of the applicant Ashwani Verma, involved in Crime No.832/2025 registered at Police Station Bemetara, District Bemetara C.G., for the offence punishable under Sections 307 & 306 of I.P.C., is rejected. 8. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information. - Sd/-- Sd/- (Ramesh Sinha) Chief Justice gouri