1 2025:CGHC:2298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 340 of 2025 Pradyuman @ Prem Nagarchi S/o Moti Ram Nagarchi Aged About 25 Years R/o Satnami Chowk, Sindhi Colony, Nawapara, P.S. Gobra Nawapara, Distt. Raipur, C.G. ... Applicant versus State of Chhattisgarh Through P.S. Gobra Nawapara, Distt. Raipur, C.G. ... Non-applicant For Applicant : Mr. Pragalbha Sharma, Advocate. For Non-Applicant/State : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14.01.2025 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. 371/2024 registered at Police Station – Gobra Nawapara, District Raipur (C.G.), for the offence punishable under Section 306 and Section 498(a) of the Indian Penal Code. 2. According to the prosecution, on June 23, 2024, a merger intimation No. 43/2024 was received by the police at Gobra Nawapara Police Station. The intimation stated that a lady with burn injuries was admitted to the hospital. During her treatment, an intimation was 2 sent for recording her statement before a magistrate. In her statement, the lady revealed that she had set herself on fire due to her husband's illicit relationship with another woman. She claimed that her husband had threatened to leave her, which led her to attempt suicide. Unfortunately, she succumbed to her injuries on June 25, 2024. Consequently, an FIR was registered on August 28, 2024. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the allegation regarding an illicit relationship by the deceased/wife is merely a suspicion of the deceased, as stated in her dying declaration. She herself disclosed that the applicant had relationships prior to marriage. Even if the applicant were to accept the allegation of an illicit relationship, it would not constitute abetment. He further submits that a dying declaration recorded on June 24, 2024, also reveals that the present case does not fall under the alleged section. Unfortunately, this event has left a 5-year-old child without a caregiver. The applicant must now care for the child. As the trial may take time, and the investigation is complete, with the police having filed the final report. He submits that the present applicant is in jail since 29.08.2024, 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 in the deceased's dying declaration, she revealed that she had set herself on fire due to her husband's illicit relationship with another woman. 3 She claimed that her husband had threatened to leave her, which led her to attempt suicide, therefore, he is not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions of the learned counsel for both parties, and the fact that the deceased/wife set herself on fire due to the applicant's illicit relationship, it is noted that the couple has a 5-year-old daughter. If the applicant is imprisoned, there would be no one to care for the child. Moreover, the fact that the charge-sheet has already been submitted before the competent Court in the present case and the present applicant is in jail since 29.08.2024, conclusion of the trial may take some time, 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 – Pradyuman @ Prem Nagarchi, involved in Crime No. 371/2024 registered at Police Station – Gobra Nawapara, District Raipur (C.G.), for the offence punishable under Section 306 and Section 498(a) 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 4 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 sufÏcient 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 sufÏcient 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.15 15:31:14 +0530 5 accordance with law. 8. OfÏce 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 Abhishek