1 2025:CGHC:37372 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4322 of 2025 1 - Mohan Nirmalkar S/o Santosh Nirmalkar Aged About 29 Years R/o Village Dagori, P.S. Belha, District Bilaspur (C.G.) 2 - Suraj Nirmalkar S/o Kamlesh Nirmalkar Aged About 25 Years R/o Village Dagori, P.S. Belha, District Bilaspur (C.G.) ... Applicants versus 1 - State Of Chhattisgarh Through S H O - Govt. Railway Police District Bilaspur (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Aman Paney, Advocate For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 30/07/2025 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 applicants who have been arrested in connection with Crime No.89/2024 registered at Police Station GRP Bilaspur, District – Bilaspur (C.G.) under Sections 306 & 34 of IPC. VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.01 10:54:53 +0530 2 2. Case of the prosecution is in a nutshell that, on 22.04.2022 one dead body was recovered by the railway police near Railway line Dagori & the deceased was identified Vikash kaushik. During the investigation, one suicide note which was written by the deceased was found by the Police. On 22.04.002022 Vikassh Kaushik (deceased) was instigated to commit suicide by one Suraj Nirmalkar and Mohan Nirmalkar by beating and abusing him and saying, why do you call my sister. In connection with the said incident, the railway police registered FIR against the present applicant. 3. Learned counsel for the applicants submit that the present applicants are innocent and have been falsely implicated in crime in question. It is further submitted that the deceased namely Vikash Kaushik was having affair with sister of the applicant, he used to harass her and when the said fact came to the knowledge of the applicant, he had gone to the house of the deceased and some quarrel took place between the applicant and deceased, on account of which, the deceased has committed suicide by jumping in front of the train. He further submits that FIR has been lodged against the present applicant after two years two months and he is in jail since 19/05/2025, there is no criminal antecedents against the present applicant, charge sheet has already been filed, and conclusion of trial will take some time, therefore, he prays for grant of regular bail to the applicants. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has already been filed in the present case and there is no criminal antecedent against the present applicant and also there is one suicide note was found, therefore, at this stage, applicants may not be enlarged on bail. 3 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 and gravity of offence, particularly the fact that there is no criminal antecedent against the present applicants, also considering the period of detention of the applicants as they are in jail since 19/05/2025. Further considering the fact that the deceased namely Vikash Kaushik was having an affair with sister of the applicant, he used to harass her and when the said fact came to the knowledge of the applicant, he had gone to the house of the deceased and some quarrel took place between the applicants and deceased, on account of which, the deceased has committed suicide by jumping in front of the train and also considering the fact that FIR has been lodged against the present applicants after two years two months and charge sheet has already been filed, hence the trial is likely to some time for its conclusion. Terefore, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the Applicant – Mohan Nirmalkar and Suraj Nirmalkar involved Crime No.89/2024 registered at Police Station GRP Bilaspur, District – Bilaspur (C.G.) under Sections 306 & 34 of IPC, be released on bail on their furnishing personal bond with two local 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. 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 for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaishali