1 2025:CGHC:40960 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5523 of 2025 1 - Neha Yadav D/o Sunil Yadav, Aged About 20 Years R/o. Pushpanjali Colony, Amlidih, Raipur, District Raipur (Chhattisgarh) 2 - Tilotma Pandey D/o Kunj Bihari Pandey, Aged About 33 Years R/o. Pushpanjali Colony, Amlidih, Raipur, District Raipur (Chhattisgarh) ... Applicants versus 1 - State Of Chhattisgarh Through P.S. Rajendra Nagar, District Raipur (Chhattisgarh) ... Respondent (Cause title is taken from Case Information System) For Applicants : Mr. M.A.P.S. Bhatia, Advocate For Respondent/State : Ms. Shubha Shrivastava, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 13/08/2025 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 have been arrested in connection with Crime No. 113/2025 registered at Police Station- Rajendra Nagar, District-Raipur (C.G.), for the offence punishable under Sections 108, 3(5) of BNS, 2023. 2. As per the case of the prosecution story, in brief, is that on 03.06.2025 at about 11.30 PM one Jaswinder Kaur Dhillon @ Jas VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.14 18:24:58 +0530 2 committed suicide by jumping from the roof of Sai Dream City Building. An FIR has been lodged by one Rashmi Thakur she has alleged that, the deceased was living in relationship with co-accused Niraj Majumdar. There is allegation regarding any kind of criminal act or threat whatsoever by the applicants to the deceased. The applicants not even knew the deceased thus there is no reason in abetting the deceased by the applicants. 3. Learned counsel for the applicants would submit that the applicants have been falsely implicated in crime in question and It has been argued by learned counsel for the applicant that deceased was committed suicide by jumping from the roof of Sai Dream City Building and she was living in relationship with co-accused Niraj Majumdar and on the date of incident, Prashant Lande, with whom earlier deceased was having relationship along with other co-accused went to the house of the deceased for some conversation but she was not present at that time at her home, on account of which the deceased was committed suicide. The applicants are in jail since 04.06.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicants. 4. Learned counsel for the State/non-applicant would oppose the bail application and submit that the charge-sheet has been filed in the present case before the competent Court. She further submits that applicants have no previous criminal antecedents, looking to the nature and gravity of the offence, they are not entitled for grant of regular bail. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Taking into consideration the facts and circumstances of the case, nature and gravity of allegation levelled against the applicant and further considering the fact that deceased was committed suicide by jumping from the roof of Sai Dream City Building and she was living in relationship with co-accused Niraj Majumdar and on the date of incident, Prashant Lande, with whom earlier deceased was having relationship along with other co-accused and present applicants went to the house of the deceased for some conversation but she was not present at that time at her home, he is in jail since 04.06.2025, the fact that applicants have no criminal antecedents, out of which only one case is pending for conclusion, the charge-sheet has been filed, further the conclusion of the trial may take some more time, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Let the applicants – Neha Yadav and Tilotma Pandey involved in Crime No. 113/2025 registered at Police Station-Rajendra Nagar, District-Raipur (C.G.), for the offence punishable under Sections 108, 3(5) of BNS, 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 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, 4 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 for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaishali