Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:23080
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4269 of 2026 Irshad Khan S/o Irfan Khan Aged About 32 Years R/o Shiv Nagar, Santoshi Nagar, P.S. Tikrapara, Distt. Raipur, Chhattisgarh. ...Applicants
versus State Of Chhattisgarh Through Station House Officer, P.S. Tikrapara, Distt. Raipur, Chhattisgarh ...Non-applicant
For Applicant : Ms. Reena Singh, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel lawyer. Hon'ble
Mr. Ramesh Sinha, Chief Justice
Order on Board 14.05.2026
1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 297/2026, registered at Police Station : Tikrapara, District. Raipur (C.G.) for the offence punishable under Sections 80 & 3(5) of the BNS. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.05.15 18:32:31 +0530
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2. Case of the prosecution, in brief, is that on 02.04.2026, the date of incident the deceased who was the wife of the present applicant along with her twins child were getting ready for attaining the marriage party at the place of applicants uncles house at that time the deceased started arguing with the present applicant for not going to his uncle's place and she also called her parents but deceased parents did not listened her and told her that the doors of her maternal house was closed, then deceased in anger closed the door of the room and tried to commit suicide by hanging herself, thereafter the present applicant along with the help of his neighbor break the door and admitted her in the hospital, and during treatment she died on 03.04.2026, thereafter the family members of deceased made a complaint before concerned police station and after completion of investigation the present applicant has been arrested by concerned police officials. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. It is contended that the applicant has neither committed nor participated in any act constituting the alleged offence. Learned counsel further submits that there is no eye-witness available to support the prosecution story, as all family members of the applicant were attending a wedding ceremony at the relevant time, and therefore no direct evidence is available connecting the applicant with the alleged crime.
It is also submitted that the applicant himself admitted the deceased to the hospital for her treatment, which clearly demonstrates his bona fides. However, after the death of the deceased, her family members allegedly assaulted and misbehaved with the applicant and thereafter lodged a false complaint against him. Learned counsel
3 further submits that on 03.04.2026, the parents of the deceased assaulted the applicant at the hospital, and in order to protect him as his life was under threat, the police officials of Police Station Tikrapara took him to the police station. It is further contended that despite the death of his wife on 03.04.2026, the applicant was not permitted by the police to attend her funeral on the ground that his life was in danger, and thereafter, on the basis of merg intimation, the present crime was registered against him on 03.04.2026 and his arrest was shown on 04.04.2026. Learned counsel submits that these circumstances clearly indicate false implication of the applicant. 4. On the other hand, learned State counsel opposed the bail application and submitted that the material collected during investigation prima facie reveals the involvement of the present applicant, who is the husband of the deceased, in the alleged offence. It is contended that the deceased died under suspicious circumstances within her matrimonial home and the postmortem report discloses multiple ante- mortem injuries, including a ligature mark around the neck, contusion measuring 05 x 04 cm over the right angle of mandible, eight linear abrasions on the anterior aspect of the base of the neck, contusions over the left side forehead, lateral aspect of the left eyelid extending up to the left eyebrow, lateral aspect of the left clavicular region, another contusion measuring 03 x 02 cm below the clavicular injury, and contusion over the medial aspect of the right forearm.
Learned State counsel submits that the multiplicity and nature of these injuries prima facie indicate use of force and raise serious suspicion regarding the circumstances leading to the death of the deceased, thereby casting doubt upon the defence version of suicidal hanging. It is
4 further argued that since the incident occurred inside the matrimonial home, the applicant, being the husband of the deceased and residing therein, is required to explain the circumstances under which the deceased sustained such injuries. Considering the gravity of the allegations, the medical evidence on record, and the necessity of custodial interrogation for effective investigation, learned State counsel submits that the applicant does not deserve the extraordinary relief of bail and the application deserves to be rejected. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions advanced by learned counsel for the parties, and the material available on record, particularly the postmortem report disclosing multiple ante-mortem injuries on the body of the deceased, including ligature marks around the neck, contusions over the mandible, forehead, eyelid, clavicular region and forearm, as well as multiple linear abrasions on the neck, this Court is of the prima facie view that the death of the deceased occurred under suspicious circumstances within her matrimonial home. The nature and multiplicity of the injuries raise serious questions which require thorough investigation. Since the incident occurred inside the matrimonial house and the applicant was present therein, he is under an obligation to explain the circumstances leading to the death of the deceased. Considering the gravity of the allegations, the serious medical evidence available on reco, this Court is not inclined to extend the extraordinary relief of bail to the present applicant. . 5
7. Accordingly, the first bail application of the applicant – Irshad Khan, involved in Crime No. 297/2026, registered at Police Station : Tikrapara, District. Raipur (C.G.) for the offence punishable under Sections 80 & 3(5) of the BNS, is rejected. 8. Needless to say that the trial Court concerned is at liberty to proceed and conclude the trial expeditiously. 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav