1 2025:CGHC:29144 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4208 of 2025 1 - Suraj Harpal S/o Shri Raja Ram Harpal Aged About 34 Years R/o Ward No. 23, Udiyapara, Jawaharpara, Rajhara, P.S. Rajhara, District Balod Chhattisgarh. 2 - Udayshankar Harpal S/o Shri Raja Ram Harpal Aged About 31 Years R/o Ward No. 23, Udiyapara, Jawaharpara, Rajhara, P.S. Rajhara, District Balod Chhattisgarh. ... Applicants versus State Of Chhattisgarh Through Police Station Rajhara, District Balod Chhattisgarh. ... Respondent For Applicant : Shri B.P. Singh, Advocate. For Respondent/State : Shri Saumya Rai, PL. For complainant : Shri P.K. Tulsiyan, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/06/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.07.02 18:01:09 +0530 2 bail to the applicants who have been arrested in connection with Crime No.10/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sections 108, 3(5) of BNS. 2. Case of the prosecution, in brief, is that case pertains to the death of a newly married woman, Maya Harpal, aged 21 years, on 03.01.2025. Maya, who was brought dead to Arogya Hospital, was reported by the hospital authorities, leading to the registration of FIR No. 01/2025 at Rajhara Police Station. The deceased had a court marriage in 2022 and a customary marriage in January 2023. Following the initial inquiry and preparation of the panchnama by the Executive Magistrate, a post- mortem was conducted by Dr. Geetanjali Mankar. The post-mortem report indicated asphyxia due to hanging as the cause of death, with no visible injuries apart from a ligature mark on the neck. A thorough inspection of the scene revealed no signs of struggle, with the door latch broken from inside, and evidence suggesting the place of hanging was cleaned. Statements from the deceased's parents and witnesses indicated that Maya faced alleged mental harassment by her husband, Suraj Harpal, and her brother-in-law, Uday Shankar Harpal, over domestic disputes and family tensions. It was revealed that Uday had allegedly threatened Maya regarding her family's objections to an incident involving her sister. Further, Maya's husband, Suraj, was accused of pressuring her to prevent her family from filing a complaint. On the date of the incident, a heated argument allegedly occurred between Maya and Suraj, after which Maya locked herself in her room and was later found hanging. Based on the findings, the prosecution claims prima facie evidence that Maya committed suicide due to harassment and instigation by the accused. A chargesheet was 3 prepared, and the accused, Suraj Harpal and Uday Shankar Harpal were placed under judicial remand. 3. It has been argued by learned counsel for the applicants that applicant No.2 is the Jeth of the deceased and minor sister was taken away by applicant No.2 for which the deceased wanted to lodge report and the applicant No.2 and the applicant No.1 who is husband of the deceased were pressuring her not to report the matter. Hence she committed suicide. He would submit that the applicants are in jail since 13/01/2025, charge sheet has been filed and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application. 5. Learned counsel for the complainant oppose the prayer for grant of bail and submitted that the police had tried to investigate the matter with respect to being a dowry death but as there was no documentary evidence to show that it was a case of dowry death. Hence the case was registered under Section 306 IPC. 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, considering the fact that the cause of death is asphyxia due to hanging, also considering the fact that there is no eye witness account, there is no dying declaration and there is no suicide note, period of detention of the applicants since 13/01/2025, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 8. Accordingly the bail application is allowed and it is directed that the 4 applicant No.1 Suraj Harpal and applicant No.2 Udayshankar Harpal, involved in Crime No.10/2025 registered at Police Station Rajhara, District Balod (C.G.) for the offence punishable under Sections 108, 3(5) of BNS, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 applicants 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 them in accordance with law. 9. 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