1 2025:CGHC:38850 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6151 of 2025 • Prakash Singh Thakur S/o Kanhaiya Singh Aged About 22 Years R/o Magaludipa- Raigarh Tah - And Distt- Raigarh (C.G.) ... Applicant versus • State Of Chhattisgarh Through S.H.O.City Kotwali, Dist- Raigarh CG. ... Respondent (Cause title is taken from Case Information System) For Applicant : Mr. Amit Sharma, Advocate For Respondent/State : Mr. Amit Verma, Panel Lawyer Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 05/08/2025 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 has been arrested in connection with Crime No.155/2025 registered at Police Station-City Kotwali, District- Raigarh (C.G.) under Sections 108, 3(5) of BNS. 2. Case of the prosecution, in brief, is that the applicant has solemnized marriage from the deceased Rakhi Singh, one year before in temple and due to love marriage no demand of dowery between party and in which whole marriage expenses own by in-law, i.e., (applicant family) after the marriage applicant and deceased are cordial relationship but VAISHALI LUCKY NAGARIA Digitally signed by VAISHALI LUCKY NAGARIA Date: 2025.08.07 11:24:22 +0530 2 due to their health she always in tension but the brother in laws provide the medical facility but ultimately the deceased make suicide by hanging died and during merg investigation mother and father leveled the allegation against whole family member about cruelty and harassment therefore deceased make suicide by hanging then the police registered the offence against present applicant U/s108,3(5) of BNS and other family member. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case and applicant has no role to play in commission of the alleged offence. He further submits that applicant is a husband of the deceased namely Rakhi Singh, who committed suicide by hanging herself from fan. He also submits that the cause of death was asphyxia as a result of antemortem hanging and no other antemortem injuries were found on the person of the deceased except antemortem hanging and there is no eye witness account in the present case, no dying declaration was recorded and no suicidal note was left behind by the victim. The applicant is in jail since 13.04.2025 and the conclusion of the trial is likely to take quite long time. Therefore, he prays for grant of regular bail to the applicant. 4. Learned counsel appearing for the State/non-applicant opposes the bail application of the applicant and also the submission advanced by learned counsel for the applicant and submits that on the basis of the doctor's opinion, the cause of death was hanging and the statements of the family and other witnesses, the deceased Rakhi Singh was found to have committed suicide by hanging herself due to the constant beating and harassment by the present applicant, he has 3 one criminal antecedent in crime No.519 of 2025, in which compromise has been taken place between the parties. 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 levelled against the applicant and the fact that the cause of death was asphyxia as a result of antemortem hanging and no other antemortem injuries were found on the person of the deceased except antemortem hanging and there is no eye witness account in the present case, no dying declaration was recorded and no suicidal note was left behind by the victim. he is in jail since 13.04.2025, 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 – Prakash Singh Thakur, involved in Crime No.155/2025 registered at Police Station-City Kotwali, District- Raigarh (C.G.) under Sections 108, 3(5) 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 4 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. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance forthwith. - Sd/- Sd/- (Ramesh Sinha) Chief Justice vaishali