1 2025:CGHC:25054 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4573 of 2025 1 - Tej Ram S/o Ram Nath Aged About 22 Years By Caste Korwa, R/o Village Murtadad (Bhoruaama), Police Station And Tahsil Batauli, District Surguja Chhattisgarh ... Applicant versus 1 - State of Chhattisgarh Through Station House Officer Police Station Batauli, District Surguja Chhattisgarh ... Respondent For Applicant : Mr. Sanjay Pathak, Advocate For Respondent/State : Mr. Nitansh Jaiswal, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/06/2025 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 bail to the applicant who has been arrested in connection with Crime No.42/2025 registered at Police Station- Batauli District Surguja (C.G.) for the offence punishable under Sections 108 of BNS. 2. Case of the prosecution, in brief, is that the applicant/Accused informed to the police of police station Batauli and reported that his wife(Durgavati) had committed suicide by hanging, resulting in her death based on this information a merg information has registered at VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.06.19 10:06:34 +0530 2 17/2025 at police station batauli During the investigation, the deceased's family members were questioned, and a post-mortem report was obtained from the doctor. Based on the report and a complaint from the deceased's father, it was revealed that: The deceased's husband used to physically assault her Frequent quarrels and harassment by her husband led the deceased to take her own life by hanging. Based on the above, a case was registered at Batauli police station against the applicant/accused under Crime No. 42/2025, under Section 108 of the BNS (Bharatiya Nyaya Sanhita) 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that there is no prima facie case is made out against the applicant. The applicant is in jail since 03.04.2025, the applicant has no previous criminal antecedent, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the present case. 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, period of detention of the applicant since 03.04.2025, the fact that the deceased (wife of the applicant) had committed suicide by hanging herself and after the death of the deceased, in-laws of the deceased made complaint against the applicant but there is no suicide note or other evidence found against 3 the applicant and charge-sheet has been filed, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant- Tej Ram, involved in Crime No. 42/2025 registered at Police Station- Batauli District Surguja (C.G.) for the offence punishable under Sections 108 of BNS , 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. (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 4 351 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 vaishali