Citation : 2026 Latest Caselaw 624 Chatt
Judgement Date : 17 March, 2026
1
Digitally
2026:CGHC:12698
signed by
VAISHALI
VAISHALI LUCKY NAFR
LUCKY NAGARIA
NAGARIA Date:
2026.03.18
10:54:54
+0530 HIGH COURT OF CHHATTISGARH AT BILASPUR
MCRC No. 2518 of 2026
• Yuwraj Sahu S/o Tika Ram Sahu Aged About 30 Years R/o Ward No.
5, Village- Charabhatta, Wrongly Written As Charbhada, Tehsil
Gunderdehi, Distt. Balod (C.G.)
... Applicant(s)
versus
• State Of Chhattisgarh Through Police Station Gunderdehi Distt.
Balod (C.G.)
... Respondent(s)
(Cause title is taken from Case Information System)
For Applicant(s) : Mr. P.Chetan Kumar, Advocate For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer
Hon'ble Mr. Ramesh Sinha, Chief Justice
Order on Board
17/03/2026
1. This is the first bail application filed under Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') for
grant of regular bail to the applicant who has been arrested in
connection with Crime No.337/2025 registered at Police Station
Gunderdehi, District - Balod (C.G.) under Sections 80 of BNS, 2023.
2. Case of the prosecution is in a nutshell that, deceased has
committed suicide in marital house by hanging herself, when no one
ws present at house and allegations were leveled upon husband,
father-in-law and mother-in-law that they pressurized her for dowry,
thus an FIR has been registered against the applicant and her family
members.
3. Learned counsel for the applicant submits that the present applicant
is innocent and he has been falsely implicated in the present case. It
is also submitted by the learned counsel for the applicant is that
present applicant is a husband and their marriage was solemnized in
the year 2024. He also submits that the cause of death was asphyxia
as a result of antemortem hanging and no other antemortem injuries
were found on the person of the deceased except antemortem hanging
and there is no eye witness account in the present case, no dying
declaration was recorded and no suicidal note was left behind by the
victim. He further submits that father-in-law of the deceased namely
Tika Ram Sahu has already been granted bail by this Court in MCRC
No.1661 of 2026 vide order dated 19.02.2026. The applicant is in jail
since 15.11.2025 and the conclusion of the trial is likely to take quite
long time. Therefore, he prays for grant of regular bail to the
applicant.
4. Learned counsel appearing for the State/non-applicant opposes the
bail application of the applicant and also the submission advanced by
learned counsel for the applicant and submits that on the basis of the
doctor's opinion, the cause of death was hanging and the statements
of the family and other witnesses, the deceased was found to have
committed suicide by hanging herself due to demand of dowry and
harassment by the present applicant and other family members. She
further submits that applicant has no criminal antecedent and
according to the statement of the deceased's family members, she
was six months pregnant at the time of suicide, but the post-mortem
report did not find any evidence of pregnancy.
5. I have heard learned counsel appearing for the parties and perused
the case diary.
6. Taking into consideration the facts and circumstances of the case,
nature and gravity of allegation levelled against the applicant and the
fact that the cause of death was asphyxia as a result of antemortem
hanging and no other antemortem injuries were found on the person
of the deceased except antemortem hanging and there is no eye
witness account in the present case, no dying declaration was
recorded and no suicidal note was left behind by the victim and that
father-in-law of the deceased namely Tika Ram Sahu has already
been granted bail by this Court in MCRC No.1661 of 2026 vide order
dated 19.02.2026, applicant is in jail since 15.11.2025, further the
conclusion of the trial may take some more time, this Court is of the
view that the applicant is entitled to be released on bail in this case.
7. Let the applicant - Yuwraj Sahu involved in Crime No.337/2025
registered at Police Station Gunderdehi, District - Balod (C.G.) under
Sections 80 of BNS, 2023, be released on bail on his furnishing a
personal bond with two 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 him 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 for necessary information and compliance forthwith.
- Sd/- Sd/-
(Ramesh Sinha)
Chief Justice
vaishali
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