1 / 4 2025:CGHC:29570 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5025 of 2025 Thanda Mandal W/o Bhutnath Mandal Aged About 53 Years Village Baddohi P.S. Govindpur District Dhanbad (Jharkhand) ...Applicant versus State Of Chhattisgarh Through- Police Station, Kabirnagar, District Raipur (C.G.) ... Non-applicant For Applicant : Mr. Barun Kumar Chakrabarty, Advocate. For Non-applicant/State : Ms. Subha, Shrivastava, Panel Lawyer. Hon’ble Shri Ramesh Sinha, Chief Justice Order on Board 01.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita for grant of regular bail to the applicant who has been arrested in connection with Crime No. 210/2024 registered at Police Station : Kabirnagar District – Raipur(C.G.) for the offence punishable under Section 304-B & 34 of the Indian Penal Code (IPC). 2. The case of the prosecution, in brief, is that it is alleges that the accused that deceased Parul Mandal was married on 21.11.2021 with accused Chiranjit Mandal as per social customs. Before the marriage, VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.02 18:37:30 +0530 2 / 4 the family of the deceased law house had demanded Rs.10 lakh and 20 grams of gold. But the deceased Parul mandal’s maternal side had agreed to give Rs.5 lakh in cash and 20 grams of gold, then the marriage was fixed for this amount. After marriage, the husband of the deceased Chiranjit Mandal, Bhoolnath mandal and Smt. Thanda Mandal again harassed the deceased Parul Mandal physically and mentally by demanding Rs.3 lakh and a motor cycle. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He submits that the most important matter is that the one and half year age suckling male child also in jail custody and he has been suffering from Happitied-B (jaundice) since two months and there is no one to take care of the ill-fated baby and the applicant is farmer and having no any criminal antecedent. He further submits that the present applicant has been in jail since 11.04.2025 and conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present applicant. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the present applicant on the pretext of dowry mentally harassed and tortured the deceased, for the very reason, she committed suicide by hanging herself, therefore, the present applicant is not entitled for grant of regular bail. 5. I have heard learned counsel for the parties and perused the case diary. 6. Considering the facts and circumstance of the case, nature and 3 / 4 gravity of offence and the fact that the applicant is mother-in-law of the deceased and husband of the deceased is also in jail in the present case, marriage between the applicant and the deceased was solemnized in the year 2021 and she committed suicide by hanging herself and the cause of death is asphyxia and there is no ante- mortem injury on the body of the deceased. Also considering the fact that in the present case, the charge-sheet has already been submitted before the competent Court and she has been in jail since 11.04.2025 and the trial is likely to take sometime for its conclusion, therefore, I am of the opinion that the present applicant is entitled to be released on bail in this case. 7. Let applicant, Thanda Mandal, involved in Crime No. 210/2024 registered at Police Station : Kabirnagar District – Raipur(C.G.) for the offence punishable under Section 304-B & 34of the Indian Penal Code (IPC), be released on bail on his furnishing a personal bond with two sureties in the like amount 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 4 / 4 cause, the trial court may proceed against her under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail during trial and in order to secure her 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 her, 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 her in accordance with law. 8. Office is directed to send a certified copy of this order to the trial Court concerned forthwith for necessary information and compliance. Sd/- (Ramesh Sinha) Chief Justice vaibhav