1 2025:CGHC:33859 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5585 of 2025 Nandkumar Aged About 25 Years Resident Of Village Kudeli, Police Station And Tahsil Patna, District Koriya (C.G.) ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Charcha, District Koriya (C.G.) ... Respondent(s) For Applicant(s) : Mr. Anil Kumar Gulati, Advocate. For Respondent(s) : Ms. Ankita Shukla, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 17/07/2025 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 applicant who has been arrested in connection with Crime No. 100/2025 registered at Police Station Charcha, District Koriya (C.G.) for the offence punishable under Section 108 of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the deceased, an unmarried AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 lady, resided with her mother. The allegations against the applicant is that he repeatedly pressured the deceased to marry him, despite her engagement to another boy in the village. The applicant allegedly continued to contact and pressure the deceased, and ultimately uploaded her photos, which led to the deceased committing suicide by hanging herself. Hence, the bail application. 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. It is noteworthy that the prosecution alleges the applicant uploaded the deceased's photo on Instagram, but there is no material evidence collected to substantiate this claim. The charge sheet lacks supporting documents to prove the applicant uploaded the photo, and no offense under the Information Technology Act was registered against him. Although the police seized the applicant's mobile phone, as per the seizure memo, this does not appear to have yielded any conclusive evidence regarding the alleged uploading of photos. It is pertinent to mention here that prior to her suicide, the deceased had written a letter to the Station House Officer, Charcha Colliery, alleging that the applicant was pressuring her to marry him and had threatened to commit suicide if she refused. Upon examining the letter allegedly written by the deceased, it appears that the applicant threatened to commit suicide if the deceased didn't marry him. However, the letter lacks a date, and its authenticity is disputed, as it was sent for forensic analysis to determine if it was indeed written by the deceased. It seems unlikely that a prima facie case under Section 306 of the IPC 3 (or the corresponding section in BNS) can be established against the applicant, as there is insufficient evidence to prove instigation or abetment on the part of the applicant that directly led to the deceased's suicide. The applicant is in jail since 06.05.2025, the applicant has no 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. She further submits that the applicant allegedly pressured the deceased repeatedly to marry him, despite her engagement to another boy in the village, the applicant continued to contact and pressure the deceased, and ultimately uploaded her photos, which led to the deceased committing suicide by hanging herself, therefore, he is not entitled for grant of bail. 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 06.05.2025, the fact that though the applicant allegedly pressured the deceased to marry him despite her engagement to another boy, but applicant and deceased were in consensual relationship and when their relationship could not be materialized, the deceased committed suicide, cause of death is Asphyxia as a result of hanging and as per the opinion of doctor, it is the case of suicide, also considering the fact that the applicant has no criminal 4 antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case, accordingly, the application is allowed. 7. 7. Let the Applicant - Nandkumar, involved in Crime No. 100/2025 registered at Police Station Charcha, District Koriya (C.G.) for the offence punishable under Section 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil