1 2025:CGHC:3445 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 513 of 2025 1. Arshdul @ Arshadul Kadri S/o Hamidullah Ansari Aged About 28 Years R/o Mahavirganj, Police Chowki- Vijaynagar, Police Station- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) 2. Hamidullah Ansari, S/o Late Abdul Ghani, aged about 70 years R/o Mahavirganj, Police Chowki- Vijaynagar, Police Station- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) ... Applicants versus State Of Chhattisgarh Through Station House OfÏcer, Police Chowki- Vijaynagar, Police Station- Ramanujganj, District- Balrampur- Ramanujganj (C.G.) ---- Non-applicant For Applicants : Mr. Malay Shrivastava, Advocate For Non-Applicant : Mr. Amit Verma, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 20/01/2025 1. This is the first bail application filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for grant of regular bail to the applicants who have been arrested in connection with Crime No. 217/2024 registered at Police Station Vijaynagar, Ramanujganj, District- Balrampur-Ramanujganj (C.G.) for the offence punishable under Sections 80(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023. KUNAL DEWANGAN Digitally signed by KUNAL DEWANGAN 2 2. Case of the prosecution, in brief, is that the marriage of the applicant No.1 was solemnized in the year, 2021 with Sombul Faizani. After the marriage, it was alleged that the applicant along with co-accused have harassed the deceased in the connection with dowry and on account of harassment, the deceased committed suicide on 08/09/2024. Therefore, the aforesaid offence was registered the applicant along with co-accused. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in offence in question. He further submits that the applicant No. 1 is the husband of the deceased and the No. 2 is a father-in-law of the deceased and mother-in-law of the deceased has already been granted bail by this Court in MCRC No. 338/2025, vide order dated 15.01.2025. The marriage were solemnized between the applicant No.1 and the deceased in the year 2021 and later that they were living happily but thereafter, due to her extreme irritability and angry nature, she committed suicide by hanging herself on 08.09.2024. He also submit that the there is no any eye witness, no dying declaration and no suicide note found from the possession of the deceased except ligature mark and the applicants are in jail since 03.12.2024, in the present case, charge-sheet has been filed before the competent Court and the conclusion of the trial is likely to take quite long time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel appearing for the respondent/State opposes the bail application and submits that after the marriage, the deceased was fine, but then she told her 3 parents that her husband, her mother-in-law and her father-in-law and others have harassed her in connection with dowry and demanded Rs. 02 lakhs from her therefore, the deceased committed suicide by hanging herself but there was no any suicide note, no any eye witness and no dying declaration was found except ligature mark. As such, this Court not inclined to grant bail to 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 and the fact that the investigation has already been completed and charge-sheet has been filed before the competent Court and further the fact that the present applicants along with co-accused have harassed the deceased in connection with dowry and demand Rs. 2 lakhs from her, on account of harassment, she committed suicide by hanging herself however, there was no any suicide note, no any eye witness and no dying declaration was found except ligature mark and further one of the co-accused who is mother-in-law of the deceased has already been granted bail by this Court in MCRC No. 388/2025, vide order dated 15.01.2025 and the case of the applicants are identical to that case of co-accused thus, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. 7. Let the Applicants -Arshdul @ Arshadul and Hamidullah Ansari, involved in Crime No. 217/2024 registered at Police Station Vijaynagar, Ramanujganj, District- Balrampur-Ramanujganj (C.G.) 4 for the offence punishable under Sections 80(2), 3(5) of the Bhartiya Nyaya Sanhita, 2023, be released on bail on their furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufÏcient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicants 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 5 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 them in accordance with law. 8. In the meanwhile, the defect pointed out by the Registry be removed. 9. OfÏce is directed to send a copy of this order to the trial Court for necessary information and compliance forthwith. Sd/- Sd/- (Ramesh Sinha) Chief Justice Kunal