1 2025:CGHC:34570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3565 of 2025 1 - Kanhaiya@ Kanhaai Nirmalkar S/o Shyamlal Nirmalkar Aged About 36 Years R/o Ward No. 01, Gandhi Nagar Rajim, District Gariyaband (C.G.) 2 - Jagat Nirmalkar S/o Late Milan Nirmalkar Aged About 41 Years R/o Kalaarpara, Kurud, District Dhamtari (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Tarbahar, District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Praghlabh Sharma, Advocate For Respondent/State : Ms. Monika thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21/07/2025 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 applicants who have been arrested in connection with Crime No.113/2025 registered at Police Station- Tarbahar, District-Bilaspur (C.G.), for the offence punishable under Sections 306 of BNS. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.22 20:22:38 +0530 2 2. Case of the prosecution, in brief, is that the deceased Yogesh Kumar Nirmalkar worked at Haldiram Restaurant, who consumed poison on 19.03.2024. The deceased Yogesh Kumar Nirmalkar was in love with Heena Nirmalkar and both had married at Mahadev Mandir, Raipur. In this regard, accused no. 1 Kanhaiya Nirmalkar, Heena's maternal uncle and maternal uncle Jagat Nirmalkar pressurized the deceased and took Heena Nirmalkar with them and stopped him from talking to the deceased. The deceased was tortured a lot, fed up of which, the deceased wrote a suicide note in the name of Heena Nirmalkar's maternal uncle and maternal uncle and committed suicide by consuming poison. 3. Learned counsel for the applicant submits that the applicants have been falsely implicated in this case and applicants are relative to the deceased and they were performed the marriage of deceased with one Hina and when the parents of the Hina came to know about the marriage, they approached her and brought back to home on account of which deceased committed suicide by consuming poison. The applicant is in jail since 23.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court and the applicant has no criminal antecedent. She further submits that in the present case one suicide note has been found, in which applicants name were mentioned, therefore, he is not entitled for grant of bail. 3 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 allegation levelled against the applicant and the fact that the applicants have no criminal antecedent and considering the fact that applicants were performed the marriage of deceased with one Hina and when the parents of the Hina came to know about the marriage, they approached her and brought back to home, on account of which deceased committed suicide by consuming poison, they are in jail since 23.04.2025 and the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicants – Kanhiya @ Kanhaai Nirmalkar and Jagat Nirmalkar involved in Crime No.113/2025 registered at Police Station-Tarbahar, District-Bilaspur (C.G.), for the offence punishable under Sections 306 of BNS, be released on bail on their 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 4 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 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 forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali