1 2025:CGHC:34245 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4908 of 2025 Sandeep Singh S/o Prem Singh Aged About 19 Years Caste Gond, R/o Semriha Gardanchuwa, Police Station Janakpur, District - Manendragarh Chirmiri Bharatpur (C.G.) ... Applicant versus State Of Chhattisgarh Through Police Station Janakpur District - Manendragarh - Chirmiri Bharatpur (C.G.) ... Non-applicant For Applicant : Mr. Hemant Kumar Agrawal, Advocate. For Non-Applicant/State : Ms. Soumya Sharma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 18.07.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 32/2025 registered at Police Station – Janakpur, District Manendragarh-Chirmiri- Bharatpur (C.G.), for the offence punishable under Section 108 of the BNS 2023 (corresponding to Section 306 of the Indian Penal Code. 2. As per the prosecution story On 17.02.2025 around 7 AM, the wife of VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.07.21 11:04:03 +0530 2 the complainant named Shyamkali was found have committed suicide by hanging herself off a tree branch near the main road of village Semriha Kohdadol. The complainant informed the police of P.S. Janakpur Distt. M.C.B. (C.G.) that on 16.02.2025. his wife had gone to attend a marriage ceremony in the neighborhood along with his stepmother & stepsisters, who after coming back have informed him that in the marriage function the present Applicant had come and he had dragged away his wife. The Police registered the FIR against the present Applicant and charge sheet has been filed for alleged offence u/S. 108 of the BNS. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the close relatives of the complainant have been made the witnesses and there are no any independent witnesses. He further submits that there was love affair between the deceased wife of the complainant and the present applicant and the police agency has moved against the present applicant on the basis of doubt and confirmation based on their part against the present applicant and he is in jail since 18.02.2025, 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, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case before the competent Court. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case and the submissions of learned counsel for both parties, this Court notes that the victim, a married woman, was allegedly subjected to harassment by family member; she thereafter entered into a contract with the applicant and is reported to have committed suicide by hanging, with the medical cause of death being asphyxia. No suicide note was recovered, and the applicant has been implicated in this case. The charge-sheet has been filed before the competent court, and the applicant has remained in custody since 18.02.2025. Given that trial is unlikely to conclude in the near future, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Sandeep Singh, involved in Crime No. 32/2025 registered at Police Station – Janakpur, District Manendragarh-Chirmiri- Bharatpur (C.G.), for the offence punishable under Section 108 of the BNS 2023 (corresponding to Section 306 of the Indian Penal Code, be released on bail on furnishing 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 4 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 vaibhav