1 / 4 2025:CGHC:28769 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3819 of 2025 Suraj Pradhan S/o Shri Shambhunath Pradhan Aged About 35 Years R/o Bilaspur, Police Station Sarkanda, Tehsil And District Bilaspur (C.G.) ...Applicant versus State Of Chhattisgarh Through Station In-Charge Police Station Sargaon District Mungeli (C.G.) ...Non-applicant For Applicant : Mr. Anuroop Panda, Advocate. For Non-Applicant/State : Mr. S.S. Bhagel, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 27.06.2025 1. This first bail application under Section 482 of the Bhartiya Nagarik Sanhita, 2023 has been filed by the applicant, who is apprehending his arrest in connection with Crime No. 195/2024 registered at Police Station Sargaon, District – Mungeli (C.G.) for the offence punishable under Section 108, & 3(5) of BNS 2023. 2. That, brief facts of the prosecution case are that one Narendra Kumar Kaushik consumed poison. He was admitted to the Apollo Hospital Bilaspur. He succumbed to poison while getting medical treatment. VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.06.28 15:16:57 +0530 2 / 4 Consequent to the death of Narendra Kumar Kaushik, (herein after shall be referred to as the deceased) a Marg Intimation No. 63/2024 was registered under Section 194 BNSS at Police Station Sarkand. On the basis of materials collected in the Marg Enquiry the Station -in- charge of Police Station Sargoan registered a Crime No. 195/2024 against the applicant and Co-accused persons namely Rajesh Kotwani, Sanjay Bhatt and Devendra Singh Ubeja for commission of offence punishable under Sections 108, 3(5) Bhartiya Nyaya Sanhita (BNS). 3. Learned counsel for the applicant submits that the present applicant is innocent and has been falsely implicated in this case. He submits that the applicant/accused has not played any role in the commission of alleged crime. There is no iota of evidence to show that the evidence/applicant had in any manner or ever instigated the deceased to commit suicide, and even there is nothing to infer that he had involved in hatching criminal conspiracy to commit the alleged offence and none of the prosecution witnesses including brothers and niece of the deceased have stated in their statement recorded under Section 108 of the BNSS that the accused/applicant instigated the deceased to commit suicide. Even in one suicidal note the name of the applicant is not mentioned. He further submits that no prima facie case is made out under Sections 108, 3(50 BNS as there is no cogent and reliable evidence against the applicant/accused and the applicant is in jail since 16.04.2025, Therefore, he prays for grant of regular bail to the present applicant. 3 / 4 4. On the other hand, the learned State counsel opposes the bail application of the applicant. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, gravity of offence and looking to the fact that learned counsel for the applicant has stated that deceased was partner of the applicant therefore, there was money dispute between them and the amount of the applicant were standing on the deceased has come into light during the course of investigation, and thus, the deceased committed suicide, though one suicidal note was found but name of the applicant is not mentioned there, further the applicant is in jail since 16.04.2025, and the charge-sheet has also been filed therefore, I am of the opinion that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Suraj Pradhan, involved in Crime No. 195/2024 registered at Police Station Sargaon, District – Mungeli (C.G.) for the offence punishable under Section 108, & 3(5) of BNS 2023., be released on bail on his furnishing a personal bond with two sureties in the like amount 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. 4 / 4 (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. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE vaibhav