1 2025:CGHC:22626 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3414 of 2025 Sateshwar Khandekar S/o Shri Vijay Khandekar Aged About 25 Years R/o Village- Nardha, Police Outpost- Giroudpuri, Thana- Gidhouri- Tundra, Distt.- Balodabazar-Bhatapara (C.G.) ... Applicant versus The State Of Chhattisgarh Through Station House Officer, Police Outpost- Giroudpuri, Thana- Gidhouri-Tundra, Distt.- Balodabazar- Bhatapara (C.G.) ... Respondent For Applicant : Shri Sunil Sahu, Advocate. For Respondent/State : Shri Hariom Rai, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 09/06/2025 1. This is the first bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.06.10 16:23:53 +0530 2 grant of regular bail to the applicant who has been arrested in connection with Crime No.73/2025 registered at Police Station Outpost Giroudpuri, Thana Gidhouri Tundra, Distt.-Balodabazar- Bhatapara (C.G.) for the offence punishable under Section109 of BNS 2023. 2. Case of the prosecution, in brief, is that complainant/victim Dhaneshbai Khunte mother-in-law of the applicant lodged the report at police station Police Outpost Giroudpuri, Police Station – Gidhouri Tundra, Distt. Balodabazar Bhatapara (C.G.) on 23.03.2025 with the averment that she is working as Anganbadi Sahayika, her daughter has performed the love marriage with the applicant 4 years before but the applicant did not doing any job therefore her daughter started to reside at her maternal home and working at cloth shop in Shivrinarayan. Further case of the prosecution is that the applicant is also started residing in her house and on 23.03.2025 some dispute has been arose between them and applicant with intention to cause the injury pressed her mouth by clothes and ran away. After sometime, when victim/injured become conscious she went to the police station and lodged the report, thana police registered the offence u/s 109 of BNS and arrested the applicant. 3. Learned counsel for the applicant submits that victim is the mother-in-law of the applicant and the applicant had gone to the house of the in-laws to take back his wife but the mother-in-law did not allow the applicant to take back his wife, applicant is said 3 to have assaulted his in-laws and further tried to smother with a pillow. He would submit that the applicant is in jail since 24/03/2025, charge sheet has been filed and conclusion of trial will take some time, 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 would submit that as per report of the doctor, death could have been caused because of smothering but the injury which has been received by the victim is a simple injury. 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, nature and gravity of offence, injury received by the victim is simple in nature, period of detention of the applicant since 24/03/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Sateshwar Khandekar, involved in Crime No.73/2025 registered at Police Station Outpost Giroudpuri, Thana Gidhouri Tundra, Distt.-Balodabazar- Bhatapara (C.G.) for the offence punishable under Section 109 of BNS 2023, be released on bail on his furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned 4 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 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 5 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 gouri