1 2025:CGHC:36467 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5878 of 2025 Rupesh Kumar Kurre S/o Manharan Lal Kurre, Aged About 24 Years R/o Village - Pachpedi, Police Station - Pachpedi, District - Bilaspur Chhattisgarh. ...Applicant versus State of Chhattisgarh Through - Station House Officer, Police Station - Pachpedi, District - Bilaspur Chhattisgarh. ... Respondent/State (Cause title taken from CIS system) For Applicant : Mr. Dharmesh Shrivastava, Advocate For Respondent/State : Mr. Amit Verma, PL Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 28.07.2025 1. This is the First Bail Application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘B.N.S.S.’) for grant of regular bail to the applicant who has been arrested in connection with Crime No. 141/2025 registered at Police Station – Pachpedi, District- Bilaspur (C.G.), for the offence punishable under Section 108 of B.N.S., 2023. Digitally signed by AMIT PATEL 2 2. Case of the prosecution, in brief, is that on the basis of intimation by ward boy of Life Care Hospital namely Anil Kumar Rathore, a morgue intimation was lodged in Police Station- Torwa on zero stating therein that on 11.05.2025, the deceased Pratibha Patle consumed pesticide (poison) in her house and thereafter she was admitted in the hospital, but during the treatment she died on 17.05.2025. The deceased belongs to Village- Pachpedi, therefore, the morgue intimation was sent and registered in the Police Station- Pachpedi as Morgue Intimation No. 25/2025 on 23.05.2025. It is further case of prosecution that during the course of treatment, a dying declaration was recorded on 13.05.2025, where she has stated that due to darkness, she consumed poison by mistake. After death of the deceased, her dead body was sent to District Hospital, Bilaspur for post mortem. During the course of morgue inquiry, the police recorded the statements of the family members of the deceased and some other persons and on the basis of which, it was found that an offence of abetment to commit suicide has been committed by the present applicant, therefore, the FIR has been lodged against the present applicant. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case, the applicant has not committed any offence for which he has been arrested and charged. It has been further argued by learned counsel for the applicant that the deceased had consumed poison on 11.05.2025, but it was nowhere stated that the present applicant has so abetted the deceased that she has left with no option, but to commit suicide out of compulsion and on dying declaration, the deceased herself has stated that she consumed poison by mistake due to darkness and therefore, ingredients of 108 of B.N.S., 2023 would not be attracted against the present applicant. The 3 applicant is in jail since 16.06.2025 and therefore, he is entitled to be enlarged on bail. 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. 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 allegation leveled against the applicant and as per the dying deceleration of the deceased, it is apparent that she was unaware of the impending danger towards her as she mistakenly consumed poison due to darkness, he is in jail since 16.06.2025 and the charge-sheet has been filed in the present case, further the conclusion of the trial may take some more time, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant– Rupesh Kumar Kurre, involved in Crime No. 141/2025 registered at Police of Police Station – Pachpedi, District- Bilaspur (C.G.), for the offence punishable under Section 108 of B.N.S., 2023., 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. 4 (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 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. However, this Court hopes and trusts that the trial Court shall make an earnest endeavour to conclude the trial expeditiously from the receipt of this order in accordance with law, if there is no legal impediment. 9. 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 AMIT PATEL