Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:18432
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3654 of 2026 Ganpat S/o Late Narayan Sahu, Aged About 35 Years R/o Village Kharra, Post Kusmi, Tahsil And Police Station Berla, District Bemetara C.G.
... Applicant(s) versus The State Of Chhattisgarh Through Police Station Berla, District - Bemetara. C.G.
... Non-Applicant(s) For Applicant : Mr. Amit Kumar Sahu, Advocate. For Non-Applicant/State : Ms. Vaishali Mahilong, Dy. Govt. Adv. Hon’ble Shri Ramesh Sinha, Chief Justice
Order on Board 22.04.2026 1 The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No.324/2025, registered at Police Station- Berla District- Bemetara (C.G.) for the offence punishable under Sections 108 of BNS. 2
Brief facts of the prosecution case are that the marriage of the deceased was solemnised with the applicant/accused about six years ago and the accused was harassing the deceased continuously for one year by beating her and the deceased KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN
2 conveyed the incident to her parents and they advised the accused and their daughter to live a life as husband and wife, however, the accused did not stop beating and torturing his wife. It is the case of the prosecution that the deceased consumed the poison and committed suicide due to constant beating and torture on part of the accused. Based upon such, the aforesaid offence has been registered against the applicant. 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 deceased, who was the wife of the applicant, was compelled by her family members to enter into marriage with the applicant and on account of such circumstances, she remained under continuous mental stress. It is further submitted that the deceased committed suicide by consuming poison, primarily due to her inability to conceive a child even after six years of marriage despite undergoing medical treatment, the documents whereof have been annexed as Annexure A/2. He further submits that there are no allegations in the dying declaration with regard to any throttling, harassment, or ill-treatment by the applicant, nor has the applicant ever extended any threat to the deceased. It is also contended that the present false allegations have been levelled by the in-laws of the applicant only after the death of the deceased and no prior report was ever lodged by the family members of the deceased. It is further submitted that the applicant is in judicial custody since 04.02.2026 and the charge-sheet has already been filed before the competent Court and trial is likely to take quite long
3 time for its conclusion, therefore, he prays for grant of bail. 4 On the other hand, learned State counsel opposes the prayer for grant of bail and submits that the Post Mortem Report of the deceased clearly indicates that she had sustained multiple injuries prior to her death, which prima facie suggests that she was subjected to physical assault by the applicant before the alleged act of suicide. It is further submitted that the Post Mortem Report reflects contusions over the chin and mandibular region, as well as below the knees and on both arms, involving the muscles, thereby indicating use of force and physical violence. In view of such medical evidence, learned State counsel contends that the role of the applicant cannot be ruled out at this stage and therefore, the applicant does not deserve to be enlarged on bail. 5 I have heard learned counsel for the parties and perused the documents available on record.
6 Considering the facts and circumstances of the case, nature and gravity of the offence levelled against the applicant and upon perusal of the material available on record, it appears that the Post Mortem Report of the deceased indicates that she had sustained multiple injuries prior to her death, including contusions over the chin and mandibular region, as well as below the knees and on both arms, involving the muscles, which prima facie suggest that she was subjected to physical assault. At this stage, the involvement of the applicant cannot be ruled out. Although learned counsel for the applicant has submitted that the deceased committed suicide due
4 to mental stress and her inability to conceive a child, the medical evidence on record does not fully support the said contention. In view of the seriousness of the allegations and the evidence available on record, this Court is not inclined to grant bail to the applicant at this stage. 7 Accordingly, the bail application of the applicant – Ganpat, involved in Crime No.324/2025, registered at Police Station- Berla District- Bemetara (C.G.) for the offence punishable under Sections 108 of 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 Kunal