1 2025:CGHC:21423 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3111 of 2025 Dileshwar Nirmalkar @ Ankush S/o Tikaitram Aged About 20 Years R/o Katbitla, P.S. Urga District Korba Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through Station House Officer, Police Station Katghora, District Korba (C.G.) ... Respondent(s) For Applicant(s) : Mr. Pushpendra Kumar Patel, Advocate. For Respondent(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/05/2025 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. 31/2025 registered at Police Station Katghora, District Korba (C.G.) for the offence punishable under Section 306 of the Indian Penal Code (for short ’IPC’). 2. Case of the prosecution, in brief, is that the complainant, lodged a AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 report with the concerned Police Station alleging that the applicant harassed and mentally tortured the deceased, leading her to consume poison, which resulted in her death during treatment at the hospital. Based on this report, the Police registered an offense under Section 306 of the Indian Penal Code against unknown persons. The present applicant was arrested on the basis of memorandum statement. Hence, the 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 the deceased was in love affair with the applicant, but the applicant never harassed her, leading to her committing suicide. He also submits that solely on the basis of memorandum statement, present applicant has been made an accused in the case. Furthermore, the complainant has not raised any objection before the trial court if the applicant is granted bail. The applicant is in jail since 17.03.2025, the applicant has no criminal antecedent, 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. She further submits that the applicant alleged to harass the deceased, due to which, she consumed poison and died subsequently, during her treatment on 21.05.2024 at the District Hospital in Korba, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel appearing for the parties and perused 3 the case diary. 6. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, period of detention of the applicant since 17.03.2025, the fact that though the alleged to harass the deceased, due to which, she consumed poison and died subsequently, during her treatment on 21.05.2024 at the District Hospital in Korba, but there was love affair between applicant and the deceased and when their relationship could not be materialized she committed suicide by consuming poison, further applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. 7. Let the Applicant-Dileshwar Nirmalkar @ Ankush, involved in Crime No. 31/2025 registered at Police Station Katghora, District Korba (C.G.) for the offence punishable under Section 306 of the IPC, 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 4 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 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/- (Ramesh Sinha) CHIEF JUSTICE Akhil