1 2025:CGHC:35840 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3752 of 2025 1 - Jaleshwar Dahire S/o Tirithram Dahire Aged About 23 Years R/o Village Kaudiya, P.S. Nawagarh, District Bemetara, Chhattisgarh. 2 - Tirithram Dahire S/o Late Bhagela Dahire Aged About 50 Years R/o Village Kaudiya, P.S. Nawagarh, District Bemetara, Chhattisgarh. --- Applicants versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Bemetara, Chhattisgarh. --- Respondent MCRC No. 3816 of 2025 1 - Smt. Bhamni Dahire W/o Tirithram Dahire Aged About 45 Years R/o Village Koudiya, P.S. Nawagarh, District Bemetara Chhattisgarh (Husband Name Wrongly Mentioned In Order Sheet Tirathram) ---Applicant Versus 1 - The State Of Chhattisgarh Through Station House Officer, Police Station Nawagarh, District Bemetara Chhattisgarh --- Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Rajkumar Pali, Advocate For Respondent/State : Dr. Sourabh Kumar Pandey, Dy. A.g. alongwith Ms. Monika Thakur, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 24/07/2025 VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.25 20:19:13 +0530 2 1. In compliance of this Court’s order dated 09.07.2025, the Director General of Medical Health, State of Chhattisgarh, Raipur has submitted his affidavit, which is placed on record. 2. 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.34/2025 registered at Police Station Nawagarh, District - Bemetara (C.G.) under Sections 80, 108, 85, 3(5) of BNS, 2023 and also under Sections 3 & 4 of Dowry Prohibition Act, 1961. 3. Case of the prosecution is in a nutshell that, on 03.11.2024, the police have received information from the ward boy of CIMS Hospital that during treatment Smt. Jyoti Dahire (wife of the applicant No.1) has died. Upon this murg has been registered and investigated the matter and they found on account of harassment by the applicants for demand of Dowry the deceased has committed suicide by poured kerosene and set it on fire and during treatment she has died on 02.11.2024 in the hospital, therefore the crime has been registered against the accused persons for the offences punishable under Sections 80, 108, 85, 3(5) of BNS and Sections 3 & 4 of Dowry Prohibition Act, 1961 and arrested them. Hence, this bail application. Hence, this bail application. 4. Learned counsel for the applicant submits that the present applicant is innocent and they have been falsely implicated in the present case. It is also submitted by the learned counsel for the applicant is that the applicant No.1 namely Jaleshwar Dahire is a husband of the deceased and applicant No.2 namely Tirithram Dahire is father-in- 3 law and applicant namely Smt. Bhamni Dahire is mother-in-law of the deceased and as per the dying declaration which was recorded on 02.11.2024 by the Nayab Tehsildar goes to show that the deceased has poured kerosene oil on her and put herself on fire and sustained burn injury. He also submits that that FIR has been lodged after three months of the incident and applicants are in jail since 08/02/2025, there is no criminal antecedents against the applicants, charge sheet has been filed and conclusion of trial will take some time, therefore, she prays for grant of bail to the applicant. 5. 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 applicants there is no previous criminal antecedent against the present applicants, but looking to the conduct of the applicants, they are not entitle for grant of regular bail. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, nature and gravity of offence, there is no previous criminal antecedent against the present applicants, period of detention of the applicant since 08/02/2025 and as per the dying declaration which was recorded on 02.11.2024 by the Nayab Tehsildar goes to show that the deceased has poured kerosene oil on her and put herself on fire and sustained burn injury, 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. 8. 8. Let the Applicants – Jaleshwar Dahire, Tirithram Dahire and Smt. Bhamni Dahire involved in Crime No.34/2025 registered at Police 4 Station Nawagarh, District - Bemetara (C.G.) under Sections 80, 108, 85, 3(5) of BNS, 2023 and also under Sections 3 & 4 of Dowry Prohibition Act, 1961, be released on bail on his furnishing 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 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. 5 9. Before parting with the case, this Court has perused the affidavit filed by Director General of Medical Health, State of Chhattisgarh, Raipur. From perusal of the same, it transpires that upon seeking explanation, Dr. Vikas Pandey, Medical Officer, posted at C.H.C., Nawagarh, District-Bemetara (C.G.) has stated that there is no fix formate for the said purpose. However, the said explanation is absolutely absurd and bogus. The Tehsildar, who has recorded the dying declaration of the deceased, has recorded the same in a prescribed formate i.e. under 26 of the Indian Evidence Act, 1872 and it is also part of the case diary. Therefore, it was the obligation for the medical officer- Dr. Vikas Pandey to give/issue fitness/fitment certificate on the said prescribed formate itself. However, it further transpires from the said explanation that after the query, which has been made by this Court vide order dated 09.07.2025, Dr. Vikas Pandey has given the said fitness certificate informing about the same to the Thana Incharge (T.I) of concerned Police Station. 10. Accordingly, the Director General of Medical Health, State of Chhattisgarh, Raipur is directed to inform all the Medical Officers of the State about the procedure and manner in which the dying declaration is to be recorded and the fitness/fitment certificate with regard to the mental statement of mind of the person, whose dying declaration is to be recorded, is to be given. 11. Further, so far as the explanation given by the Director General of Medical Health, State of Chhattisgarh, Raipur regarding the immediate response not given by him to the office of Advocate General on the query made by this Court vide order dated 09.07.2025, he has submitted that the said information was not 6 communicated by his office within time, for which he tendered his apology. But, it is made clear that he should be careful in future and immediately respond to all the communication made by the office of the Advocate General with respect to the orders passed by this Court. 12. The Registrar General is directed to send a copy of this order to the Director General of Medical Health, State of Chhattisgarh, Raipur for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali