1 2025:CGHC:11426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 1874 of 2025 Jaypal Tigga S/o Bhim Tigga Aged About 23 Years R/o Amaldiha, Patarapara, Police Station- Shyang, District- Korba (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Shyang, District Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Basant Kaiwartya, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 07/03/2025 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. 39/2024 registered at Police Station Shyang, District Korba (C.G.) for the offence punishable under Sections 80, 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that Poonam Tigga, the AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 deceased, was married to Ibrahim Tigga 2-3 months prior. After the marriage, Ibrahim and his brother, Jaypal Tigga, demanded that Poonam bring a motorcycle from her parents' home as dowry. On the day before the incident, a fight broke out between Ibrahim and Jaypal over the motorcycle, leading to a heated argument. As a result, Poonam committed suicide by hanging herself. Based on the post-mortem investigation, a crime was registered against the accused under Section 80 of BNS on December 30, 2024, and the accused was arrested and detained in judicial custody. Hence, the bail application. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that the applicant is brother-in-law (Jeth) of the deceased, whereas Ibrahim Tigga, husband of the deceased is already in jail, applicant alongwith his brother involved in the case, they both are named in the FIR and the allegation against the applicant that he also demanded motorcycle from the parents’ of the deceased alongwith husband of the deceased, due to which, she committed suicide, but as per post mortem report no external injury was seen over the body of the deceased and it was suspected that deceased died on account of hanging as saree was found around her neck. Moreover, as per doctor conducted the post mortem and he opined that cause of death is uncertain and viscera has been preserved. The applicant is in jail since 07.01.2025, the applicant has no criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, 3 he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. She further submits that applicant alongwith his brother Ibrahim Tigga (husband of deceased), demanded that deceased bring a motorcycle from her parents' home as dowry, on account of which, she committed suicide, further FSL report is still awaited, therefore, he is not entitled for grant of bail. 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 offence, period of detention of the applicant since 07.01.2025, the fact that the applicant is brother-in-law (Jeth) of deceased, the allegation against him that he alongwith his brother, Ibrahim Tigga (husband of the deceased) demanded motorcycle from the parents of the deceased, on account of which she committed suicide, but as per post mortem report no external injury was seen over the body of deceased and it was suspected that deceased died on account of hanging as saree was found around her neck, also considering the opinion of doctor, who conducted the post-mortem, as the cause of death is uncertain, the viscera has been preserved and FSL report is still awaited, further the case of the present applicant is distinguishable from that of Ibrahim Tigga, the husband of the deceased, the applicant has no criminal antecedent and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this 4 case. 7. Let the Applicant-Jaypal Tigga, involved in Crime No. 39/2024 registered at Police Station Shyang, District Korba (C.G.) for the offence punishable under Sections 80, 3(5) of BNS, 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 sufÏcient 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 5 or without sufÏcient 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. OfÏce is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil