1 CGHC010326532026 2026:CGHC:37554 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7783 of 2026 Rakesh Chakradhari S/o Punaram Chakradhari Aged About 23 Years Resident of Dev Kirari, Near Mela Sthal, Police Station Bilha, District Bilaspur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through SHO, Police Station - Bilha, District- Bilaspur (C.G.) ... Non-applicant For Applicant : Mr. Sajal K. Gupta, Advocate. For Non-Applicant/State : Mr. Sourabh Sahu, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.08.2026 1. This is the First bail application 9led under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 631/2025 registered at Police Station – Bilha, District – Bilaspur (C.G.), for the o<ence punishable under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case, the deceased, Pooja Chakradhari, wife of the applicant/accused, Rakesh Chakradhari, died on 27.05.2025 at her matrimonial home. Initially, a merg inquiry was conducted, during which the statements of her parents, relatives, and other witnesses were ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.08.24 11:42:57 +0530 2 recorded, and a post-mortem examination was conducted. During the course of the investigation, the prosecution obtained the medical, FSL, and other relevant reports. As per the FSL report, Paraquat herbicide was allegedly detected in the viscera of the deceased. The prosecution further alleges that, on the relevant night, the deceased was brought to CHC Bilha by the applicant on the ground that she had su<ered an electric shock, and that the cooler installed in the room was subsequently inspected. On the basis of the statements of the deceased’s parents and other witnesses, it is alleged that the applicant used to subject the deceased to cruelty and harassment on account of alleged dowry demands, particularly for a large LED television and a motorcycle. It is further alleged that the applicant used to suspect the deceased’s character and assault her. The prosecution accordingly alleges that, being subjected to such harassment, the deceased consumed Paraquat poison and died. Consequently, an o<ence under Section 80 of the BNS was registered against the applicant, and Section 80(2) of the BNS was subsequently added during the course of the investigation. The applicant surrendered before the learned Court and was arrested on 29.01.2026. After completion of the investigation, Charge-sheet No. 72/2026 dated 02.02.2026 was 9led before the competent Court, alleging the commission of the aforesaid o<ence. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent of the alleged o<ence. The allegations levelled against the applicant are matters of evidence and are required to be tested during the course of trial. He also submits that the applicant and the deceased were married on 21.04.2021 according to Hindu rites and customs, and out of the said wedlock, they have a minor daughter aged about 3 years, who is presently residing with 3 the parents of the applicant. The existence of a child from the matrimonial relationship and the continuance of matrimonial life for several years are relevant circumstances which require consideration at the stage of bail. He also submits that according to the defence of the applicant, after about one year of marriage, the deceased had been insisting upon living separately from the applicant’s parents. The applicant, being the only son of his aged parents and being responsible for their care and maintenance, was unable to accede to such demand immediately. The matrimonial di<erences between the applicant and the deceased were, therefore, primarily on account of the issue of separate residence and not on account of any demand for dowry. The prosecution case itself indicates that the deceased died on 27.05.2025, whereas the FIR was lodged only on 03.12.2025, i.e., after a substantial and unexplained delay of more than six months. During the intervening period, despite the deceased’s parents and relatives being present during the funeral and subsequent ceremonies, no contemporaneous complaint, police report, or other complaint alleging demand of dowry or cruelty by the applicant was made. Such substantial delay is a relevant circumstance which raises a serious question regarding the subsequent allegations and their evidentiary value. He also submits that the allegations regarding the demand for a large LED television and a motorcycle are not supported by any contemporaneous complaint, written communication, social or family meeting, or any complaint made before the police or any competent authority prior to the death of the deceased. The said allegations have surfaced subsequently during the course of the merg/investigation and are matters which require strict proof during trial. He also submits that the prosecution case is substantially based upon the statements of the parents and relatives of the deceased, and the alleged demand of dowry 4 and cruelty is not supported by any independent contemporaneous material. The credibility, consistency, and evidentiary value of such statements are matters to be examined during trial and cannot, by themselves, justify the applicant’s inde9nite incarceration. He submits that the defence version is that, on the date of occurrence, there was a matrimonial dispute between the applicant and the deceased regarding the deceased’s insistence upon living separately from the applicant’s parents. The applicant had expressed his inability to immediately leave his aged parents, whereafter the deceased became emotionally disturbed. The prosecution alleges that she thereafter consumed Paraquat herbicide. The exact circumstances leading to her consumption of poison and the causal connection, if any, between the applicant’s conduct and the unfortunate death are matters requiring appreciation of evidence during trial. The prosecution itself alleges that the deceased was brought to CHC Bilha by the applicant on the relevant night and that the applicant disclosed the alleged electric-shock incident. Such conduct of taking the deceased for medical treatment is a circumstance which is required to be considered while assessing the applicant’s conduct and the allegation of his intentional involvement in the death. He submits that there are 35 prosecution witnesses cited by the prosecution, whereas only two witnesses have been examined even after commencement of the trial. He also submits that the present applicant has no criminal antecedents and he is in jail since 29.01.2026, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the deceased, who was the wife of the applicant, died after allegedly consuming Paraquat poison, which was detected in her 5 viscera as per the FSL report. It is further submitted that the applicant had subjected the deceased to cruelty and harassment in connection with dowry demands and had also assaulted and suspected her character. She further submits that, considering the nature and gravity of the allegations and the statutory presumption relating to dowry death, the applicant is not entitled to be released on bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. It is apposite to refer to Section 118 of the Bharatiya Sakshya Adhiniyam, 2023, which deals with the presumption as to dowry death and reads as under: “118. Presumption as to dowry death - When the question is whether a person has committed the dowry death of a woman and it is shown that soon before her death, such woman had been subjected by such person to cruelty or harassment for, or in connection with, any demand for dowry, the Court shall presume that such person had caused the dowry death.” 7. Considering the facts and circumstances of the case, the nature and gravity of the allegations levelled against the applicant, and the fact that the deceased was the wife of the applicant and died at her matrimonial home within seven years of her marriage after allegedly consuming Paraquat poison, which has been detected in her viscera as per the FSL report, there are prima facie allegations that the deceased was subjected to cruelty and harassment by the applicant in connection with the demand for dowry, including a LED television and motorcycle. It is further alleged that the applicant used to suspect the character of the deceased 6 and assault her, however, considering the speci9c allegations of dowry- related cruelty and harassment soon before the death and the statutory presumption relating to dowry death, this Court is of the considered view that the applicant does not deserve to be enlarged on bail at this stage. Accordingly, the bail application is rejected. 8. Accordingly, the 9rst bail application of the applicant – Rakesh Chakradhari, involved in Crime No. 631/2025 registered at Police Station – Bilha, District – Bilaspur (C.G.), for the o<ence punishable under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 9. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial as expeditiously as possible within a period of six months from the receipt of a certi9ed copy of this order in accordance with law, if there is no legal impediment. 10. OFce is directed to send a certi9ed copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Abhishek