1 2025:CGHC:5637 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 182 of 2025 Rajkamal Kashyap S/o Shobharam Kashyap Aged About 28 Years R/o Jewra Awapara, Thana Mulmula District Janjgir Champa (C.G.) ... Applicant versus State of Chhattisgarh Through The Station House OfÏcer, P.S. Mulmula, District – Janjgir-Champa (C.G.) ---- Non-applicant For Applicant : Mr. Tarendra Kumar Jha, Advocate. For Non-applicant/State : Ms. Monika Thakur, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 30.01.2025 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. 289/2024, registered at Police Station – Mulmula, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 80(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that the marriage of the deceased Manju Kashyap was performed with the applicant about 4 months ago, the deceased committed suicide at Village Pamgarh by hanging herself on RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 29.08.2024, the applicant along with the co-accused tortured on account of demand of dowry. During the investigation applicant was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case and the charge- sheet has been filed in this case. It is further submitted that the co- accused persons have been granted anticipatory bail by this Court vide orders dated 14.10.2024 and 25.10.2024 passed in MCRCA Nos. 1158/2024 and 1276/2024. The applicant is in jail since 10.12.2024 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that the report has been received from the CMO, District – Janjgir-Champta (C.G.) dated 28.01.2025, from the perusal of the same it transpires that the cause of death is asphyxia as a result of hanging by which she committed suicide and the same was also the reasoned in the postmortem which was conducted earlier of the deceased. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 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 report has been received from the CMO, District – Janjgir-Champta (C.G.) dated 28.01.2025, from the perusal of the same it transpires that the cause of death is asphyxia as a result of hanging by which she 3 committed suicide and the same was also the reasoned in the postmortem which was conducted earlier of the deceased, further the fact that the the co-accused persons have been granted anticipatory bail by this Court vide orders dated 14.10.2024 and 25.10.2024 passed in MCRCA Nos. 1158/2024 and 1276/2024, charge-sheet has been filed against the applicant, the applicant is in jail since 10.12.2024 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rajkamal Kashyap, involved in Crime No. 289/2024, registered at Police Station – Mulmula, District – Janjgir-Champa (C.G.) for the offence punishable under Sections 80(2) and 3(5) of the 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, 4 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 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 concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar