1 2025:CGHC:33437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 4751 of 2025 1 - Bihari Jangade S/o Sunhar Jangade Aged About 56 Years R/o Village- Rohina Police Station And Tahsil - Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) (Description Of The Applicants Are Mentioned As Per Application Filed Before The Court Below) 2 - Siyabai W/o Bihari Jangade Aged About 50 Years R/o Village- Rohina Police Station And Tahsil - Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) (Description Of The Applicants Are Mentioned As Per Application Filed Before The Court Below) ... Applicants versus 1 - State Of Chhattisgarh Through - The Station House Officer, Police Station Bhatgaon, District- Sarangarh-Bilaigarh (C.G.) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. Shikhar Sharma, Advocate For Respondent/State : Mr. Soumya Rai, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 16/07/2025 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.38/2025 registered at Police Station VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.07.18 12:54:58 +0530 2 Bhatgaon, District - Sarangarh-Bilaigarh (C.G.) under Section 80(2) r/w 3(5) of Indian Penal Code. 2. Case of the prosecution is in a nutshell that, FIR registered against the applicants under Section 80(2) read with Section 3(5) of BNS stating therein that the marriage between the deceased Fultori and the applicant Bihari Jangade solemnized on 20.06.2024 and it is allegation against the applicants that they ill-treated the deceased for demand of dowry, cause of which she committed suicide by hanging on 10.09.2024. 3. Learned counsel for the applicant submits that the present applicants are innocent and they have been falsely implicated in the present case. He further submits that applicants have been implicated in this case only on the basis of suspicion only because the deceased committed suicide soon after the marriage, whereas the applicants have not done anything to ill-treat the deceased and there is no any kind of demand of dowry by the applicant. He also submits that the applicant are in jail since 29/03/2025, there is no criminal antecedents against the applicants, they are old aged persons, charge sheet has been filed and conclusion of trial will take some time, therefore, she 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. He would submit that there is no previous criminal antecedent against the present applicants. 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, there is no previous criminal 3 antecedent against the present applicant, considering the fact that applicants are in-laws of the deceased and only on the basis of suspicion they have been implicated in the present case, period of detention of the applicants since 29/03/2025 and looking to the age of present applicants, who are aged about 56 years and 50 years respectively, charge sheet has been filed and trial is likely to some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicants – Bihari Jangade and Siyabai, involved in Crime No.38/2025 registered at Police Station Bhatgaon, District - Sarangarh-Bilaigarh (C.G.) under Section 80(2) r/w 3(5) of Indian Penal Code. be released on bail on his 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 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 4 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