Citation : 2026 Latest Caselaw 1258 Chatt
Judgement Date : 2 April, 2026
1
2026:CGHC:15377
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 10124 of 2025
Mahendra Kumar Katle S/o Late Hiramani Katle Aged About 35 Years R/o
Ward No.03, Katghora, Police Station - Katghora, District- Korba
Chhattisgarh. ... Applicant
versus
State Of Chhattisgarh Through- Police Station-Katghora, District- Korba,
Chhattisgarh, ... Respondent
For Applicant : Mr. Ravi Kumar Bhagat, Advocate.
For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. VAIBHAV SINGH
Hon'ble Shri Ramesh Sinha, Chief Justice
Order on Board
02.04.2026
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.
216/2025 registered at Police Station - Katghora, District- Korba (C.G.),
for the offences punishable under Section 108 of the BNS.
2. According to the prosecution story, the applicant was married to Anjali
Katle and, after marriage, the relationship between the couple was not
cordial. It is alleged that on 09.06.2025, the deceased has committed
suicide by hanging in applicant's House. Thereafter, oral information
regarding the incident was given by Shashi Devi Katle, mother of the
deceased, at Police Station Katghora on the same day. On the basis of
the said information, the police registered an offence under Section
108 of the Bharatiya Nyaya Sanhita against the applicant and arrested
him on 10.06.2025. After completion of investigation, the police filed
the charge-sheet on 08.08.2025 before the competent Court, and
thereafter the case was committed on 04.09.2025 to the Court of the
learned First Additional Sessions Judge, Katghora for trial, where it
was registered as Sessions Trial No. 68/2025.
3. Learned counsel for the applicant submits that the present applicant is
innocent and has been falsely implicated in the aforesaid case. He
further submits that the applicant is a young man aged about 35 years,
married, and is the sole breadwinner of his family, having the
responsibility of maintaining his old-aged parents and other family
members. The applicant is a daily wage labourer and his continued
detention for almost six months has caused severe hardship to his
family and adversely affected their livelihood. It is further submitted that
due to strained relations between the husband and wife, the deceased
took the extreme step on her own, and the applicant had no role in
abetting or instigating her to commit suicide. The charge-sheet in
Crime No. 216/2025 has already been filed and, therefore, there is no
possibility of the applicant influencing or tampering with the prosecution
witnesses. There is no direct evidence available on record to establish
that the applicant was responsible for abetting the deceased to commit
suicide, and the allegations made in the FIR are vague and baseless. It
is also submitted that the case was fixed for recording of evidence of
prosecution witness No. 1, namely Jyoti Singh Anant, on 19.03.2026
before the trial Court, however, she did not appear for her cross-
examination and none of the prosecution witnesses have been
examined till date. Learned counsel further submits that the applicant is
in jail since 10.06.2025, the conclusion of the trial is likely to take
considerable time, and prolonged detention of the applicant amongst
hardened criminals would adversely affect his mental condition and
future prospects. Therefore, he prays for grant of regular bail to the
present applicant.
4. On the other hand learned State counsel opposes the bail application
of the present applicant and submits that the charge-sheet has been
filed in the present case.
5. I have heard learned counsel for the parties and perused the case
diary.
6. Considering the overall facts and circumstances of the case, the nature
and gravity of the allegations levelled against the applicant, and further
taking into account that the charge-sheet has already been filed before
the competent Court, that the applicant has no criminal antecedents,
and that the he has been in jail since 10.06.2025, and as the
conclusion of the trial is likely to take some time, this Court is inclined
to grant regular bail to the present applicant. Accordingly, the bail
application is allowed.
7. Let the Applicant - Mahendra Kumar Katle, involved in Crime No.
216/2025 registered at Police Station - Katghora, District- Korba (C.G.),
for the offences punishable under Section 108 of the BNS., be released
on bail on his furnishing personal bond with two local 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 his 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 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.
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
vaibhav
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