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2026 DAILYLAW 34465 (CHH)

YUVRAJ PATEL v. STATE OF CHHATTISGARH

MCRC/8003/2026 · 2026-08-30

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Judgment text

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1 CGHC010329842026 2026:CGHC:38371 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8003 of 2026 Yuvraj Patel S/o Omprakash Patel Aged About 30 Years R/o Village - Shehgaon, Thana- Nandini, Distt.- Durg (C.G.) ... Applicant versus State of Chhattisgarh Through Station House Officer P.S.- Nandini Nagar, Distt.- Durg (C.G.) ... Non-applicant For Applicant : Mr. Adarsh Rajput, Advocate. For Non-Applicant/State : Ms. Palak Dwivedi, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 31.08.2026 1. This is the First bail application filed 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. 206/2026 registered at Police Station – Nandini Nagar, District – Durg (C.G.), for the offence punishable under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution case that on the basis of the Marg Intimation and, thereafter, upon a written application, the FIR was registered alleging that the deceased, namely Smt. Kiran Patel, immolated herself by pouring diesel on herself at around 8:00 A.M. on 07.04.2026, allegedly due to cruelty and harassment at the hands of her husband and in-laws in ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2026.09.01 11:12:23 +0530 2 connection with a demand for dowry. It is further mentioned in the Marg Intimation that the deceased was suffering from mental illness. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case and is innocent of the alleged offence. He submits that prior to the unfortunate incident, no report was ever lodged alleging any demand for dowry against the present applicant or alleging any harassment on his part. The father of the deceased levelled such allegations only after the unfortunate demise of the deceased on 07.04.2026, which appears to be an emotional reaction to the loss of his daughter. He submits that the deceased, Smt. Kiran Patel, was unfortunately suffering from mental illness even prior to her marriage and had been undergoing treatment for the same. The said fact was not disclosed to the present applicant at the time of marriage. However, after the illness came to light following the marriage, the present applicant took due care of the deceased and continued her medical treatment. The medical records pertaining to her earlier treatment were handed over to the present applicant by the father of the deceased, and thereafter, her treatment was continued by the present applicant and his family. The treatment records demonstrate the care and concern extended towards the deceased by her matrimonial family. It is pertinent to mention that the marriage was solemnized on 10.02.2023, and thereafter, the present applicant and his family members continuously took care of the deceased. During the period of her mental illness, the deceased gave birth to a child, namely Anant, who is presently around two years old. Due to the deceased’s condition, the child was primarily looked after and brought up by the present applicant and his mother. Even at present, the care and upbringing of Anant are being undertaken by the present applicant and his mother. The child is closely attached to the present 3 applicant and is in need of his father’s care and affection. He submits that the post-mortem examination was conducted in the presence of the brother of the deceased, and the father and mother of the deceased were also present during the inquest proceedings. However, at that stage, no allegation of dowry demand or harassment was levelled by any of them. It was only after the final rites and rituals of the deceased had been performed by the present applicant, first at Banaras and thereafter at their native village, that the father of the deceased started levelling allegations against the applicant and his family members. He submits that the allegation regarding demand of money for payment of the truck instalments is clearly an afterthought. The father of the present applicant, namely Om Prakash Patel, is the owner of the truck, which was purchased on 07.06.2019, much prior to the marriage of the deceased and the present applicant. The instalments towards the said vehicle loan were regularly paid to the financing bank. The said statement demonstrates that the instalments were regularly paid and that the loan account was closed upon payment of the final instalment dated 05.01.2025. Thus, the allegation that money was demanded for payment of the truck instalments is an afterthought, raised only with a view to create a ground for registration of the present criminal case. He also submits that the father of the deceased had earlier filed WP (Cr.) No. 322/2026, seeking a fair investigation and for bringing the investigation to its logical conclusion. The said petition was dismissed by this Hon’ble Court on the ground that the police were already conducting the investigation. He submits that the other three co-accused, namely Toran Patel, Om Prakash Patel and Shakun Bai Patel, have also been implicated in the present case. Out of them, co-accused Shakun Bai Patel and Toran Patel have been granted anticipatory bail by this Court in 4 MCRCA No. 1093/2026 and MCRCA No. 2107/2026, respectively, whereas co-accused Om Prakash Patel has been granted regular bail by the learned District and Sessions Judge (F.T.C.), Durg (C.G.), in B.A. No. 1151/2026. He submits that the present applicant has no criminal antecedents and he is in jail since 19.07.2026, 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, as per the prosecution case, the deceased, namely Smt. Kiran Patel, immolated herself by pouring diesel on herself at about 8:00 A.M. on 07.04.2026, allegedly due to cruelty and harassment by her husband and in-laws in connection with a demand for dowry. She further submits that, as per the Marg Intimation, the deceased was suffering from mental illness. It is also submitted that, during the post-mortem examination, antemortem injuries were found on the body of the deceased, which require consideration in the light of the allegations made by the prosecution. Therefore, considering the nature and gravity of the allegations, the bail application deserves to be rejected. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the nature and gravity of the allegations, the fact that the deceased died by self-immolation allegedly on account of cruelty and harassment in connection with a demand for dowry, coupled with the fact that ante-mortem injuries were also found on her body, this Court is of the considered opinion that the applicant does not deserve to be enlarged on bail at this stage. 7. Accordingly, the bail application of the applicant – Yuvraj Patel, involved in Crime No. 206/2026 registered at Police Station – Nandini Nagar, 5 District – Durg (C.G.), for the offence punishable under Section 80(2) of the Bhartiya Nyaya Sanhita, 2023, is rejected. 8. 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 Abhishek