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2026 DAILYLAW 17449 (CHH)

VISHRAM DIWAKAR @ CHOTU v. STATE OF CHHATTISGARH

MCRC/1734/2026 · 2026-02-18

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Judgment text

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1 2026:CGHC:8830 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1734 of 2026 Vishram Diwakar @ Chotu S/o Chandika Prasad, Aged About 29 Years R/o Village - Ruse, Kapa P.S. - Pandatari, Tahsil - Pandariya, District - Kawardha (Kabirdham), (C.G.) ... Applicant versus State of Chhattisgarh Through - The Station House Officer, Police Station Kawardha, District - Kabirdham, (C.G.) ... Non-Applicant For Applicant : Mr. Pushpendra Kumar Patel, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 19.02.2026 1. This is the third bail application filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 511/2024 registered at Police Station - Kawardha, District - Kabirdham (C.G.) for the offence punishable under Sections 80 and 3(5) of Bharatiya Nyaya Sanhita, 2023. 2. The first bail application of the applicant was dismissed on merits by this Court vide order dated 26.03.2025 passed in MCRC No. 2399/2025. The second bail application of the applicant was dismissed for want of prosecution on the ground of non-appearance of the applicant’s counsel. 3. Case of the prosecution, in brief, is that the complainant has lodged a PREETI KUMARI Digitally signed by PREETI KUMARI Date: 2026.02.20 17:03:48 +0530 2 report to the concerned police station, alleging that on the date of incident, the deceased has committed suicide by hanging herself on her house due to harassment by applicant and his family members. Based upon such report, the police has registered the case under Section 80, 3(5) of B.N.S. against applicant and other accused persons. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He further submits that the applicant is the husband of the deceased. The first bail application was rejected on merits, and the second bail application was dismissed for want of prosecution. Therefore, this third bail application has been filed on the ground that, as per the status report of the trial Court, out of 20 prosecution witnesses, only 01 witness has been examined. The applicant has been in jail since 07.08.2024 and has served more than one year of incarceration. It will take a long time to conclude the trial. Further, the charge-sheet has already been filed. Hence, he prays for releasing the applicant on regular bail. 5. On the other hand, learned counsel for the State opposes the bail application and submits that the first bail application of the applicant was dismissed on merits by this Court vide order dated 26.03.2025 passed in MCRC No. 2399/2025. The second bail application was dismissed for want of prosecution. He further submits that the applicant is the husband of the deceased. The deceased suffered multiple abrasions on her hands, and two contusions were found on her arm and right leg. The mother of the deceased, in her statement recorded under Section 161 Cr.P.C., stated that the applicant used to cruelly treat and assault the deceased, who would often come to her parental home. Hence, the present bail application is liable to be rejected. 6. I have heard learned counsel for the parties and perused the case diary. 3 7. Considering the submissions made by learned counsel for the parties, and the fact that the applicant is the husband of the deceased, this Court notes that the first bail application was rejected on merits and the second bail application was dismissed for want of prosecution, the present third bail application has been filed on the ground that, as per the status of the trial Court, out of 20 prosecution witnesses, only one witness has been examined, however, considering the fact that the deceased suffered multiple abrasions on her hands and two contusions were found on her arm and right leg, and further considering that the mother of the deceased, in her statement recorded under Section 161 Cr.P.C., stated that the applicant used to cruelly treat and assault the deceased, who would often come to her parental home and complain about the same, this Court is of the opinion that it is not a fit case to enlarge the applicant on regular bail. 8. 8. Accordingly, the third bail application of the applicant- Vishram Diwakar @ Chotu filed under Section 483 of BNSS, involved in Crime No. 511/2024 registered at Police Station - Kawardha, District - Kabirdham (C.G.) for the offence punishable under Sections 80 and 3(5) of Bharatiya Nyaya Sanhita, 2023, is rejected at this stage. 9. However, this Court hope and trust that the trial Court shall make an earnest endeavour to conclude the trial within a period of six months from the date of receipt of a certified copy of this order, if there is no legal impediment. 10. The office is directed to provide a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Preeti