1 2025:CGHC:39281 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4175 of 2025 Toshendra Kumar Yadav S/o Narayan Prasad Aged About 36 Years R/o Ward No.-13, Nawadha Chowki, Sakti, Police Station And Tahsil - Sakti, District - Sakti (C.G.) ... Applicant versus State Of Chhattisgarh Through - The Station House Officer, Police Of Police Station - Sakti, District - Sakti (C.G.) ... Respondent For Applicant : Shri Ishwar Jaiswal, Advocate. For Respondent/State : Shri Bharat Gulbani, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/08/2025 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.394/2025 registered at Police Station Sakti, District Sakti (C.G.) for the offence punishable under Section 108 of Bhartiya Nyay Sanhita- 2023. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.07 20:35:22 +0530 2 2. Case of the prosecution, in brief, is that on 17-08-2024, the complainant namely Ghanshyam Yadav lodged the information that his nephew Toshendra yadav (present applicant) solemnized marriage with the deceased Sharda Yadav prior to 04 months and on 17-08-2024 at about 9.30 PM, the deceased namely Sharda Yadav committed suicide by hanging herself on Fan. During the investigation, merg has been registered, postmortem conducted and crime has been registered under Section 108 of B.N.S. against the applicant with the allegation that the applicant committed Mar-peet with the deceased while consuming liquor and therefore the prosecutrix committed suicide and during the investigation, the applicant has been arrested and charge sheet has been filed before the concerned court. 3. Learned counsel for the applicant submitted that the applicant is the husband of the deceased and the deceased committed suicide. It was stated that she was having foetus of two months and marriage between them was solemnized four months back. He would submit that the applicant is in jail since 02/04/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application. 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 of allegation levelled against the applicant, charge sheet has been filed, period of detention of the applicant since 02/04/2025, without further commenting anything on the merits of the case and also 3 considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicant-Toshendra Kumar Yadav, involved in Crime No.394/2025 registered at Police Station Sakti, District Sakti (C.G.) for the offence punishable under Section 108 of Bhartiya Nyay Sanhita-2023, be released on bail on his 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 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. 4 (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. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri