1 2025:CGHC:30019 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 3935 of 2025 • Vivek Hathgen S/o- Baadshah Aged About 20 Years Caste- Domar, R/o-Ward No. 09, Manendragarh, P.S. And Tah.- Manendragarh, Distt.- M.C.B. (C.G.) ... Applicant versus • State of Chhattisgarh Through- Station House Officer, P.S.- Charcha, Dist.-Koriya (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : None. For Respondent : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02/07/2025 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 applicant who has been arrested in connection with Crime No.91/2025 registered at Police Station Charcha, District-Koriya (C.G.) under Section 108 of BNS. 2. The prosecution story in nutshell is that the complainant's daughter Pari was married to present applicant in August 2024. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA 2 After marriage, the present applicant used to harass his wife Pari by beating her. About 15 days before the incident, applicant and deceased Pari came to the complainant's place in Subhashnagar Charcha. On 15.04.2025, the complainant was working in Shivani Hospital, when at about 04.30 pm, information was received on mobile that his daughter Pari had hanged herself and died in Charcha Hospital. In relation to the said incident, on the information of complainant, Mar case number 19/2025 was registered. During the inquest investigation, it was found that accused / applicant used to harass the deceased Pari by beating her since marriage. On the night of 14.04.2025, 01 day before the incident, the accused had beaten the deceased Pari due to which the deceased Pari committed suicide by hanging herself and during the investigation the applicant was arrested for the commission of offence as mentioned in the FIR. 3. Learned counsel appearing for the State/non-applicant would oppose the bail application and submit that the present applicant used to harass his wife Pari by beating her. She is also endorse that there is no suicide note was found against the present applicant but looking to the seriousness of the allegation, applicant is not entitled for grant of bail. 4. I have heard learned counsel appearing for the State/respondent and perused the case diary. 5. Taking into consideration the facts and circumstances of the case and considering that there is no suicide note was found 3 against the present applicant, trial is likely to take some time for its conclusion, he is in jail since 26.04.2025, this Court is of the view that the applicant is entitled to be released on bail in this case 6. Let the Applicant –Vivek Hathgen, involved in Crime No.91/2025 registered at Police Station-Charcha, District- Koriya (C.G.) under Section 108 of BNS 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 4 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. 7. Office 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 vaishali