-1- 2025:CGHC:18428 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 2678 of 2025 Om Prakash Soni S/o Bhagirathi Soni Aged About 30 Years R/o Village Ward No. 15, Bagbahra, P.S. & Tahsil- Bagbahra, District Mahasamund, Chhattisgarh. ... Applicant (s) versus State Of Chhattisgarh Through Station House Officer, Police Station- Bagbahra, District Mahasamund, Chhattisgarh. .. Respondent(s) For Applicant : Mr. Krishna Kumar Dewangan, Advocate For State : Mr. Keshav Prasad Gupta, Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 23/04/2025 1. Applicant has filed this bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short “BNSS”) for grant of regular bail as he was arrested in connection with Crime No.139 of 2023 registered at Police Station –Bagbahra, District- Mahasamund (CG) for offence punishable under Sections 306, 498-A of IPC. 2. This is the second bail application on behalf of the applicant. His Digitally signed by PRAVEEN KUMAR SINHA Date: 2025.04.25 14:20:14 +0530 -2- earlier bail application was dismissed vide order dated 28.02.2024. 3. Case of the prosecution, in brief, is that on 20.11.2021, Gangotri (wife of applicant) committed suicide by jumping in front of Goods Train. Morgue was reported by the Station Master to the concerned Police Station, based upon which, crime was registered and after morgue inquiry, FIR was registered on 25.08.2023 and applicant was arrested on 16.10.2023. 4. Learned counsel for applicant submits that the applicant has filed this bail application on the ground of delay in trial. There are as many as 26 enlisted witnesses, out of which, only 4 witnesses were examined till March 2025. Applicant is in jail since 16.10.2023 and thereby he has completed about 1 year and 6 months of pre-trial detention. Trial may take some time, there is no other criminal antecedent of applicant, hence, he may be enlarged on bail. 5. On the other hand, learned counsel for the State opposes the submission of learned counsel for the applicant. He submits that there is specific allegation of ill-treatment meted out to deceased-wife on account of demand of dowry. However, he does not dispute the submission of learned counsel for the applicant that there are 26 enlisted witnesses and submission made by learned counsel for the applicant with respect to examination of 9 witnesses based on document filed along with covering memo. -3- 6. I have heard learned counsel for the parties and also perused the documents placed along with the bail application. 7. Taking into consideration the facts and circumstances of the case, submissions of learned counsel appearing for the respective parties and further considering that out of 26 enlisted witnesses, only 9 witnesses have been examined, applicant is in jail since 16.10.2023, there is no other criminal antecedents, without commenting anything on merits of case, I am inclined to allow the application. 8. Accordingly, the bail application is allowed. It is directed that the applicant shall be released on regular bail on his furnishing a personal bail bond in the sum of Rs.25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that:-. “(a) 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. (b) 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. (c) 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 -4- 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. (d) 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.” 9. Office is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Certified copy as per rules. Sd/--/-/- (Parth Prateem Sahu) Judge Praveen