1 2025:CGHC:38499 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6110 of 2025 Suresh Kumar Kuldip S/o Jeevrakhan Lal Kuldip, Aged About 36 Years R/o Limhatola, P.S. Doundi, District Balod Chhattisgarh. ... Applicant versus State Of Chhattisgarh Through P.S. Doundi, District Balod Chhattisgarh ... Non-applicant For Applicant : Mr. Hemant Gupta, Advocate. For Non-Applicant/State : Mr. Sakib Khan, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 04.08.2025 1. This is the First bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 48/2025 registered at Police Station – Doundi, District - Balod (C.G.), for the offence punishable under Section 108 of BNS, 2023. 2. As per the prosecution case that, on 13-04-2025 the victim "Pawan Bai" Wife of applicant tried to committed suicide by pouring kerosene oil on herself and set on fire hence sustained superficial burn injuries, further during treatment her dying declaration was recorded by the Police & the Doctor had refer the Victim to higher center for proper care VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2025.08.04 18:57:57 +0530 2 and management of victim, so she was sifted to 'Kalda Burn & Plastic Surgery Center Raipur', where during treatment the victim died on 14- 04-025. And thereby the offence has been committed & the F.I.R. has been registered u/s 108 of B.N.S. against applicant on 21-04-2025. 3. The applicant has been falsely implicated in the alleged offence, which he has not committed, and therefore deserves to be released on bail. The prosecution has proposed a total of 35 witnesses, indicating a likely delay in trial. Moreover, the allegations regarding the applicant casting doubt on his wife's character were never reported to the police. On the contrary, the applicant attempted to save the victim and sustained injuries in the process, as reflected in the MLC (Annexure A/3). He is a 36-year-old man working as an operator in mines, solely responsible for supporting his family, including two minor children and his elderly father. There is no prior report of cruelty or any incriminating evidence suggesting his involvement in any act falling under Section 108 of the Bharatiya Nyaya Sanhita (similar to Section 306 IPC). The applicant is not a danger to society, has no criminal antecedents, and there is no apprehension of him influencing witnesses or obstructing justice. Furthermore, the prosecution has failed to present any compelling evidence proving his guilt. Being a permanent resident of the address mentioned in the cause title, there is no likelihood of him absconding, and hence, he may kindly be enlarged on bail. 4. On the other hand, the learned State Counsel opposes the bail application of the present applicant and submits that the charge-sheet has already been submitted in the present case before the competent Court. 3 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, and upon submission made by the learned counsel for the applicant that the applicant is the husband of the deceased, and that the deceased committed suicide by pouring kerosene oil on herself due to the applicant’s suspicion regarding her character, and further, that the charge-sheet has already been filed before the competent Court, and the applicant has been in judicial custody since 21.04.2025, and the conclusion of the trial is likely to take considerable time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. Let the Applicant – Suresh Kumar Kuldip, involved in Crime No. 48/2025 registered at Police Station – Doundi, District - Balod (C.G.), for the offence punishable under Section 108 of BNS, 2023, be released on bail on furnishing personal bond with two local 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, 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, 4 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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice vaibhav