1 2025:CGHC:25045 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3059 of 2025 1 - Jitendra Sahu S/o Sitaram Sahu Aged About 32 Years R/o. Aawas Para, Surdongar, P.S. Dondi, District- Balod (C.G.) ... Applicant versus 1 - The State of Chhattisgarh Through- Station House Officer, Police Station Dondi, District- Balod (C.G.) (P.S. Balod Is Wrongly Mentioned In The Cause Title) ... Respondent For Applicant : Mr. Rajkumar Pali, Advocate For Respondent : Mr. Jitendra Shriwastava, Government Advocate Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2025 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. 33/2025 registered at Police Station - Dondi, District Balod (C.G.) for the offence punishable under Sections 108 of BNS. 2. Case of the prosecution, in brief, is that the deceased namely Smt. Duleshwar (wife of the applicant) had committed suicide by hanging at near Khursitikur Bandh Nala on this information the police had reached the place of incident and the applicant has lodged the murg VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 17:36:16 +0530 2 intimation and stated that on 18-02-2025 at 9 am. his wife was angry in the name of the applicant was not letting her go to her maternal home for attend marriage function in her maternal home and she left the house without given information to anyone. Then the applicant searched his wife here and there but he was not found and came to knowledge on 20-02-2025 she has committed suicide by hanging at Mahua Tree in the field of Johar Singh Patel. On this basis the crime has been registered for the offence u/s. 108 of BNS. and investigated the matter during investigation the applicant has been arrested. Hence, this 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 marriage of the applicant was solemnized with the deceased prior to 15 years from the incident and in that period there is no allegation of harassment made by the relatives of his wife, just after thought made the false allegation against the applicant. He also submits that only applicant said to his wife we attend the marriage on 19.02.2025 in place of 18.02.2025 because of his work pressure. He also submits that applicant is having 2 minor children below 8 and 12 years age and charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, 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. He also submits that there is no suicide note found against the present applicant. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 11.03.2025, the fact that applicant is having 2 minor children below 8 and 12 years age, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Jitendra Sahu involved in Crime No. 33/2025 registered at Police Station - Dondi, District Balod (C.G.) for the offence punishable under Sections 108 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 sufficient 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 4 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. 8. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. sd/-Sd/- (Ramesh Sinha) CHIEF JUSTICE vaishali