Husband Accused Of Killing Wife Denied Bail As Chhattisgarh HC Cites Child Witness’s Account Of Him Hanging Her

The applicant was arrested in connection with Crime No. 359/2024, registered at Police Station Mulmula for offences under Sections 103(1) and 238 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that, after quarrelling with his wife, the applicant assaulted and strangled her and then hanged her with a chunari; she was declared dead at a community health centre.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), arguing, among other things, that the child eyewitness’s testimony contained contradictions and omissions, the charge-sheet had been filed, he had no criminal antecedents, and the trial would take time.

The State opposed bail, relying on the child witness’s account that the applicant dragged the deceased into another room and hanged her.

Section 483 BNSS provides the statutory basis for an application for regular bail before the High Court or Court of Session.

The alleged offences were under Sections 103(1) and 238 BNS.

The Court considered the seriousness of the alleged offence and the applicant’s role as depicted in the evidence before it when exercising its bail discretion.

The Court reviewed the case diary, particularly the child witness’s deposition before the trial court.

It found that the witness had categorically described the incident, stating that the applicant dragged the deceased into another room and hanged her with a chunari.

In light of that account, the seriousness of the alleged offence, and the applicant’s alleged role, the Court was not persuaded that the claimed contradictions and omissions or the other grounds advanced by the applicant warranted release on bail.

The applicant’s first bail application under Section 483 BNSS was dismissed.