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2026 DAILYLAW 15106 (CHH)

MADHAV DIXENA @ JAGMOHAN v. STATE OF CHHATTISGARH

MCRC/193/2026 · 2026-01-08

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:1345 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 193 of 2026 1 - Madhav Dixena @ Jagmohan S/o Late Punnilal Dixena Aged About 38 Years R/o Village Sees, Police Station Ratanpur, District Bilaspur Chhattisgarh ... Applicant versus 1 - State Of Chhattisgarh Through - Station House Officer, Police Station Ratanpur, District Bilaspur (C.G.) ---- State/Non-Applicant For Applicant : Mr. B.L. Sahu, Advocate For Non-Applicant/State : Mr. Akhilesh Kumar, Government Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 09.01.2026 1. The applicant has preferred this third bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 as he is in jail since 12.05.2022 in connection with Crime No. 49/2022 registered at Police Station- Ratanpur, District Bilaspur (C.G.), for the offence punishable under Sections 304-B, 323, 506-B read with Section 34 of IPC. 2. The first and second bail applications of the applicant were dismissed on merits by this Court vide order dated 05.08.2022 passed in M.Cr.C. No. 6077 of 2022 & M.Cr.C. No.2967 of 2023 dated 27.07.2023. 3. As per prosecution case, the present applicant is husband of deceased Bhavana Dixena. The marriage between the deceased and the present applicant was solemnized on 24.04.2016. Other co-accused namely Punnilal REKHA SINGH 2 @ Sukhra Dixena and Smt. Panchkuwar Dixena are father-in-law and mother-in-law of the deceased who have been granted regular bail by the coordinate bench of this Court in M.Cr.C. No. 2768/2022 vide order dated 13.05.2022. The deceased was hospitalized on 31.12.2021 and again on 05.01.2022. She complained vomiting and narrated the Doctor that some poisonous substance was administered in her tea given by her in-laws. The deceased also made allegation that on 31.12.2021 kerosene was poured over her body. On 08.01.2022 she was referred to CIMS Hospital, Bilaspur where she was declared dead. There is allegation of demand of dowry and cruelty against the present applicant and one criminal case for offence punishable under Section 323, 194, 498-A/34 bearing Crime No. 15/2017 is pending against the applicant and his parents. After death of Bhavana Dixena merg intimation was given and on the basis of merg inquiry, F.I.R. was registered for the offences mentioned above against the accused persons including the present applicant. 4. The first and second bail applications were rejected taking into consideration oral dying declaration given by the deceased to her mother Smt. Asha Dixena, nature and gravity of the offence, the conduct of the applicant who was absconding from the date of incident and was arrested 12.05.2022. 5. Taking into consideration the material available in the case diary, the finding recorded in earlier bail applications and at present there is no change in the circumstance, therefore, I do not find good ground to entertain this third bail application. 6. Consequently, this third bail application is rejected. Sd/- (Rakesh Mohan Pandey) Judge Rekha