1 2025:CGHC:1253 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 91 of 2025 Nohar Sai S/o Suraj Prasad Aged About 34 Years R/o Village Datima, Police Station Bishrampur, District- Tehsil- Surajpur (C.G.) ... Applicant versus State of Chhattisgarh Through Police Outpost- Karanji Police Station- Bishrampur, District- Surajpur (C.G.) ... Non-applicant For Applicant : Mr. Amarnath Pandey, Advocate. For Non-applicant/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 08.01.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 248/2024, registered at Police Station : Bishrampur, District- Surajpur (C.G.) for the offence punishable under Section 108 of Bhartiya Nyay Sanhita. 2. The case of the prosecution, in brief, is that on 15.10.2024, at around 6:00 P.M., the wife of the applicant, namely Reena Rajwade (deceased), slipped and fell into a well near their home while RAHUL DEWANGAN Digitally signed by RAHUL DEWANGAN Date: 2025.01.09 15:36:39 +0530 2 drawing water. Upon hearing the sound of a splash, the applicant rushed to the well and climbed down with the help of a rope. Unable to locate anything, he called for help from neighbors, after which the deceased was found. A Merg intimation, No. 86/2024, regarding the incident was registered the following day, i.e., on 16.10.2024, at Police Outpost Karanji under Police Station Bishrampur. Later, on 26.11.2024, an F.I.R. (No. 248/2024) was registered at Police Outpost Karanji under Police Station Bishrampur, alleging that the applicant had prevented the deceased from talking to her family members over the phone. It was further alleged that on 15.10.2024, the applicant and the deceased had a dispute. 3. Learned counsel for the applicant submits that the present applicant is innocent person and has been falsely been implicated in the aforesaid case. He further submits that the applicant is the husband of the deceased, who slipped and fell into a well near their house while drawing water and died on account of drowning and further it is stated that a merg intimation was lodged on the next day. However, one and half months later of the incident, a neighbor of the applicant had informed the father of the deceased that applicant and deceased were having quarrel and alleging that the applicant pushed the deceased into the well, but there appears to be no eye witnesses of the said occurrence. He also submits that the present applicant is in jail since 27.11.2024 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail in the present case. 3 4. On the other hand, the learned State counsel opposed the bail application of the present applicant and submitted that the charge sheet has been submitted before the competent Court. He further submits that the present applicant, under the influence of alcohol, used to quarrel and assault his wife, i.e., the complainant’s daughter, and mentally harass her, which led her to jump into the well and commit suicide. Therefore, the present applicant is not entitled to be granted regular bail in this case. 5. I have heard learned counsel for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case that the applicant is the husband of the deceased, who slipped and fell into a well near their house while drawing water and died on account of drowning and a merg intimation was lodged on the next day, however, one and half months later of the incident, a neighbor of the applicant had informed the father of the deceased that applicant and deceased were having quarrel and alleging that the applicant pushed the deceased into the well, but there appears to be no eye witnesses of the said occurrence and the charge-sheet has been submitted before the competent Court and the applicant is in jail since 27.11.2024, the conclusion of the trial may take some more time, therefore, this Court is of the considered view that the present applicant is entitled to be released on regular bail in this case. 7. Let applicant, Nohar Sai, involved in Crime No. 248/2024, registered at Police Station : Bishrampur, District- Surajpur (C.G.) 4 for the offence punishable under Section 108 of Bhartiya Nyay Sanhita, be released on bail on furnishing 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 5 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 provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rahul Dewangan