1 2025:CGHC:1261 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 115 of 2025 Sanjay Yadav, S/o Jhularam Yadav Aged About 25 Years R/o Beejatarayi, P.S.- Fasterpur, Dist. Mungeli (C.G.) Present Address- Vidyanagar Bilaspur, Dist. Bilaspur (C.G.) ... Applicant versus State Of Chhattisgarh Through P.S.- Tarbahar, Dist. Bilaspur (C.G.) ---- Non-applicant For Applicants : Mr. Satyendra Shrivas, Advocate For Non-Applicant : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicant who has been arrested in connection with Crime No. 303/2024 registered at Police Station Tarbahar, District- Bilaspur (C.G.) for the offence punishable under Sections 108 of B.N.S. 2. Case of the prosecution, in brief, is that the applicant who is a husband of the deceased/wife has abetted her to commit suicide by saying that he did not wanted to marry her instead he wanted to marry someone else, thereafter the deceased had committed KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 suicide by hanging herself with her scarf (dupatta). However, the deceased had returned from her parents house on 10 September 2024 and committed suicide on 15 sept. 2024 while on the date of incident, the applicant was in Raipur due to his driver job. Accordingly, the aforesaid offence has been registered against the applicant. 3. Learned counsel for the applicant would submit that the present applicant is innocent person and he has been falsely implicated in this case. He further submits that the deceased was having love affair with the applicant and further it is stated that the applicant was not marrying her and was having in affair with another girl, hence she committed suicide. He further submits that the applicant is a taxi driver and the allegations which have been levelled against him are false, frivolous and baseless and the cause of death is asphyxia as a result of ante-mortem hanging, there was no injury found on the person of deceased except ligature mark and the applicant is in jail since 08.10.2024, charge-sheet has been filed before the competent Court and the trial is likely to take quite long time therefore, he prays for grant of bail to the applicant. 4. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that the deceased was allegedly having an affair with the applicant, but he refused to marry her and was instead involved with another girl, leading her to commit suicide. The post-mortem report reveals that the cause of death was asphyxia due to ante-mortem hanging, with no injuries found on the deceased's body except for a ligature mark. 3 Further as per the 161 statement of the Nephew of the deceased, goes to show that the applicant has abetted in crime in question. As such, this Court not inclined to grant bail to the present applicant. 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 and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court and further from perusal of the case diary, it appears that the deceased was allegedly having an affair with the applicant, but he refused to marry her and was instead involved with another girl, leading her to commit suicide. The post-mortem report reveals that the cause of death was asphyxia due to ante-mortem hanging, with no injuries found on the deceased's body except for a ligature mark and no any suicide note was found from her thus, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant -Sanjay Yadav, involved in Crime No. 303/2024 registered at Police Station Tarbahar, District- Bilaspur (C.G.) for the offence punishable under Sections 108 of B.N.S., 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 4 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 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 copy of this order to the trial Court for necessary information and compliance forthwith. Sd/-/- (Ramesh Sinha) Chief Justice Kunal