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2026 DAILYLAW 23853 (CHH)

RAJENDRA SINGH RAJPUT v. STATE OF CHHATTISGARH

MCRC/3546/2026 · 2026-06-29

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Judgment text

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1 2026:CGHC:26614 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3546 of 2026 Rajendra Singh Rajput S/o Thakur Singh Rajput, Aged About 32 Years R/o Ward No. 16 Mahamayapara Ghorha, P.S. Nawagarh District Bemetara Chhattisgarh ...Applicant versus State Of Chhattisgarh Through Police Station Torwa, Bilaspur Distt. Bilaspur Chhattisgarh ... Respondent For Applicant : Shri Vidya Bhushan Soni, Advocate. For Respondent/State : Ms. Ritika Verma, PL. For objector : None. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2026 1. Dr. Sachin Ashok Kale, Advocate who appears for the objector/complainant is not present today though his name is printed in the cause list. It further transpires from the order dated 22/06/2026 that Dr. Sachin Ashok Kale, learned counsel for the objector has prayed for time to file objection and the matter was adjourned for next week. Case GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2026.07.01 12:52:24 +0530 2 has been listed today and objection has been filed but he is not present to contest the matter. Hence, the Court proceeds to hear the matter. 2. 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.535/2025 registered at Police Station Torwa, Bilaspur Distt. Bilaspur Chhattisgarh for the offence punishable under Sections 108 and 3(5) of the BNS. 3. Case of the prosecution, in brief, is that the complainant namely Santosh Rajput has lodged written report before the police station that on 09/11/2025 at about 11:00 AM, the present applicant has called and informed that deceased (Purnima) is not well and has been admitted in the Life care Hospital Torwa Bilaspur then complainant and his father came to hospital to see (Purnima) deceased and thereafter the present applicant has told them that Purnima (deceased) has committed suicide on 09/11/2025 at about 08:30 AM in his home situated at ANNE colony and during treatment she has died on 10/11/2025 and thereafter post mortem was conducted and then body was taken away by her in laws and further he stated that present applicant was stingy in providing of food, drink and clothing and also has illicit relation with co accused Sushma Kaushik and therefore the present applicant used to commit marpeet with the deceased and it is also it is alleged that co- accused Sushma Kaushik threatened and alleged the deceased that "तू यहाँ से भाग, तूरा पतितू मेरा मेग भाराकरा पत्नी बनी लिय हाँ अब तूझे उसेक सेथ नीहाँ राहाँनी दूंग.. ब राहाँ थ" on the basis of the aforesaid threatening, the deceased (Purnima) has committed suicide) thereafter upon the said report the 3 police has lodged the FIR under section 108 and 3(5) of the BNS and arrested the present applicant on 24/01/2026. 4. It has been argued by learned counsel for the applicant that the applicant is the husband of the deceased and it is stated that he was having extra marital affair with the co-accused Sushma Kaushik who has already been allowed bail by this Court in MCRC No.1813/2026 on 25/03/2026. He would submit that the charge sheet has been filed in this case, the applicant is in jail since 24/01/2026 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 5. On the other hand, learned State Counsel opposes the bail application and she would submit that charge sheet has been filed in this case before the competent court. She would submit that there is no suicide note in this case. She further submits that the applicant has three criminal antecedents. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature of allegation levelled against the applicant, further the fact that co-accused Sushma Kaushik has been granted bail by this Court in MCRC No.1813/2026 on 25/03/2026 with whom it is alleged that applicant who is husband of the deceased was having extra marital affair, period of detention of the applicant since 24/01/2026, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, without commenting anything on the merits of the case, this Court is of the view that the applicant is entitled 4 to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Rajendra Singh Rajput, involved in Crime No.535/2025 registered at Police Station Torwa, Bilaspur Distt. Bilaspur Chhattisgarh for the offence punishable under Sections 108 and 3(5) of the BNS, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of 5 charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously, preferably within a period of six months from the date of receipt of this order in accordance with law, if there is no legal impediment. 10. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri