Research › Search › Judgment

High Court of Chhattisgarh · body

2026 DAILYLAW 35154 (CHH)

ABHISHEK KUMAR JAISWAL v. STATE OF CHHATTISGARH

MCRC/8371/2026 · 2026-09-08

Shri Parth Prateem Sahu

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 3 CGHC010347592026 2026:CGHC:39556 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8371 of 2026 • Abhishek Kumar Jaiswal S/o Omprakash Jaiswal Aged About 30 Years R/o Nimdha P.S. Marwahi Dist- Gaurela-Pendra-Marwahi Present Address- Civil Lines Balodabazar P.S. City Kotwali Dist- Baloda Bazar-Bhatapara (C.G.) ... Applicant versus • State Of Chhattisgarh Through Police Station City Kotwali, District Baloda Bazar-Bhatapara (C.G.) ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate For State : Mr. Amit Buxy, Dy. Govt. Advocate Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/09/2026 1. Applicant has filed this first bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 514/2026 registered at Police Station – City Kotwali, District Baloda Bazar, Bhatapara (C.G.) for offence punishable under Section 108 of BNS, 2023. 2. Case of prosecution in brief is that on 22.06.2026 deceased who was working as Teacher had committed suicide by hanging in the rented accommodation in which she was residing. The incident was reported to the concerned police station, based on which crime was registered and during investigation police PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 seized a suicidal note mentioning name of applicant. Based on which applicant was arrested on 23.06.2026. 3. Learned counsel for applicant submits that the applicant is innocent, he has been falsely implicated in the crime. Applicant is also a Government teacher. After coming into knowledge of the family members about the relationship between the applicant and the deceased, brother-in-law of deceased, after conducting counselling, took the deceased along with him. He contended the incident happened thereafter. Deceased was a major lady aged about 26 years and was in Government service and therefore applicant cannot be implicated to have committed the alleged crime. Therefore, he may be released on bail. 4. On the other hand, learned State counsel opposes the submission of learned counsel for applicant and would submit that there is serious allegation levelled against applicant that he on the false pretext of marriage has committed sexual intercourse with deceased due to which she also got pregnant and thereafter refused to marry her. There is prima facie involvement of applicant in commission of offence levelled against him. 5. At this stage, learned counsel for applicant submits that in the post-mortem report, the doctor has not made any mention that any fetus is found and it is opined that cause of death is due to Asphyxia due to hanging. 6. I have heard learned counsel for the parties. 7. On due consideration of the facts and circumstances of the case, nature of allegation, submission of learned counsel for the parties, period of detention of applicant, no custodial interrogation is required and the fact that charge-sheet has been filed, trial may take some time, without commenting anything on merits of the case, I am inclined to allow this bail application. 8. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of 3 / 3 ₹ 25,000/- with one surety in like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of 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. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE