1 / 3 2025:CGHC:3542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 587 of 202 5 • Mahesh Kumar S/o Ramkishun Bhaina Aged About 23 Years Caste-Bhaina, R/o Village- Matiyadand, P.S.- Pendra, District- Gourela-Pendra-Marwahi C.G. ... Applicant versus • State of Chhattisgarh through - Station House Officer, Police Station - Pendra, District- Gourela-Pendra-Marwahi (C.G.) ... Respondent For Applicant : Mr. B.P. Singh, Advocate For Respondent-State : Mrs. Mandvi Bhardwaj, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judg e ORDER ON BOARD 21/01/2025 1. Applicant has filed this fourth bail application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 for grant of regular bail as he has been arrested in connection with Crime No. 71/2024 registered at Police Station – Pendra, District Gourela-Pendra-Marwahi (C.G.) for offence punishable under Section 306 of IPC. 2. Case of prosecution in brief is that applicant is husband of the deceased. They have performed love marriage last year. After sometime of the marriage, the applicant started harassing, quarreling and also assaulting the deceased. On the fateful day, when the applicant came in intoxicated condition, deceased gave him meals, he started quarreling with the deceased, due to which, she entered into her room and committed suicide by hanging herself. Thereafter, morgue was reported to the concerned police station and after PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 3 morgue inquiry, F.I.R. was registered and the applicant was arrested on 04.03.2024. 3. Learned counsel for applicant submits that after rejection of first bail application on merits, the material witnesses examined and the independent witnesses who are neighbors of the deceased have not supported the case of prosecution. There are as many as 25 witnesses, out of which 6 witnesses have been examined till November 2024. Applicant is in jail since 04.03.2024. Trial may take some time to conclude, hence, he may be enlarged on bail. 4. On the other hand, learned State counsel opposes the submission made by learned counsel for the applicant and further submits that there are specific allegations against applicant which were considered while rejecting first bail application. She further submits that the submission of learned counsel for applicant based on the deposition of independent witnesses is subject matter of appreciation by the trial court. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Taking into consideration facts and circumstances of the case, nature of allegation, submission made by learned counsel for the parties, period of detention of applicant, without commenting anything on merits of the case, I am inclined to allow this application. 7. Accordingly, bail application is allowed. It is directed that the applicant shall be released on regular bail, upon furnishing a bail bond in the sum of ₹ 25,000/- with one surety in the like sum to the satisfaction of the Court on the conditions that- (a) 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. (b) The applicant shall remain present before the trial court on each date fixed, either personally or through him counsel. In case of him absence, without sufficient cause, the trial court may 3 / 3 proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (c) 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. (d) 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 concerned for necessary information and compliance forthwith. Sd/- (Parth Prateem Sahu) pwn JUDGE