1 2025:CGHC:6589 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 149 of 2025 1. Sanjay Wadhwani S/o Mohan Das Wadhwani Aged About 33 Years R/o Ward No 12, Bodari, P.S. Chakarbhatha, District Bilaspur (C.G.) 2. Mohan Das Wadhwani S/o Late Jhamtamal Wadhwani Aged About 70 Years R/o Ward No 12, Bodari, P.S. Chakarbhatha, District Bilaspur (C.G.) ... Applicants versus State of Chhattisgarh Through The Station House OfÏcer, P.S. City Kotwali, District, Bilaspur (C.G.) ... Non-applicant For Applicants : Mr. Tarendra Kumar Jha, Advocate. For Non-Applicant/State : Mr. Hariom Rai, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05.02.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicants who have been arrested in connection with Crime No. 616/2024 registered at Police Station – City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023. ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.02.06 17:46:11 +0530 2 2. According to the prosecution's story, in brief, the deceased, Saila Chandrakar, was married to Sunil Kumar Wadhwani, the brother of applicant No. 1 and son of applicant No. 2. On 01.09.2024, the deceased went to the Rapta bridge and jumped into the river. After a search, her body was found on 03.09.2024. Following a complaint by her mother, an FIR was registered against the present applicants and co-accused Sunil Wadhwani. It is alleged that the applicants tortured the deceased, criticizing her cooking. During the investigation, the applicants were arrested on 22.12.2024. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in this case. He submits that the applicants are brother-in-law and father-in-law of the deceased and the husband of the deceased is already in jail. He also submits that there is no suicide note was left behind by the deceased to suggest that the present applicants were involved in the alleged crime. He further submits that the applicants are in jail since 22.12.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicants. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge- sheet has already been submitted in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the 3 submissions of the learned counsel for both parties, and the fact that the applicants are brother-in-law and father-in-law of the deceased and the husband of the deceased is already in jail. Furthermore, there is no suicide note was left behind by the deceased to suggest that the present applicants were involved in the alleged crime. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and the present applicants are in jail since 22.12.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicants are entitled to be released on bail in this case. 7. Let the Applicants – Sanjay Wadhwani and Mohan Das Wadhwani, involved in Crime No. 616/2024 registered at Police Station – City Kotwali, District Bilaspur (C.G.), for the offence punishable under Sections 108 and 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on furnishing personal bond with two sureties each in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through 4 their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 applicants are 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 them in accordance with law. 8. OfÏce is directed to send a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek