1 2025:CGHC:41263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6460 of 2025 Nitin Mishra S/o Vijay Mishra, Aged About 33 Years R/o T.V. Tower, Chhote Atarmuda, Raigarh, District Raigarh (C.G.) ... Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Chakradhar Nagar, District Raigarh (C.G.) ... Respondent For Applicant : Shri Jitendra Shukla, Advocate. For Respondent/State : Shri Swajeet Singh Ubeja, PL. For objector : Shri Chandresh Shrivastava, Advocate. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 14/08/2025 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.232/2025 registered at Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 333, 75 (1) GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.08.18 14:42:21 +0530 2 (i), 75 (1) (ii), 75 (1) (iv), 308 (2), 108 read with Section 3 (5) of Bhartiya Nyay Sanhita. 2. Case of the prosecution, in brief, is that the accused Arun Mishra, got the victim and her husband Rupnarayan, to sign 23 plain stamp papers and a blank cheque. On 30.05.2025, Arun Mishra demanded money from the victim, saying, "Give me my money, or have physical relations with me." Arun Mishra has also taken possession of the victim's house. The victim and her family members moved to her brother-in-law Parmanand's house. On 31.05.2025, Santosh Mishra and Nitin Mishra (present applicant) abused them in front of Parmanand's house. The victim's husband, mentally harassed, left Parmanand's house and went near his own house, where Arun Mishra's family members Santosh Mishra, Nitin Mishra (present applicant) and others, abused him, refused to vacate the house and told him, "Do whatever you want, just die." Driven by this harassment, the victim's husband Rupnarayan Diwan, consumed poison, resulting in his death, therefore crime as mentioned above has been registered and filed the charge sheet before the concerned Court. 3. It has been argued by learned counsel for the applicant that the FIR which was lodged by the complainant was against one Arun Mishra in whose house the deceased was living as a tenant and the deceased was having some dispute with respect to running of a hotel which was being run by Arun Mishra. It is stated that the applicant happens to be the nephew of Arun Mishra and applicant was not named in the FIR. Subsequently, his participation has been alleged by the complainant in her statement under Section 180 of BNS. He would submit that there is 3 no suicide note and the deceased committed suicide by consuming some poison. He would submit that the charge sheet has been filed in this case and the applicant is in jail since 01/06/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and he would submit that charge sheet has been filed in this case before the competent court. 5. Learned counsel for the objector has opposed the prayer for grant of bail and submitted that the deceased has been harassed by the applicant and the other co-accused Santosh Mishra and on account of the harassment of the applicant and the co-accused, deceased committed suicide but he could dispute the fact that the applicant was not named in the FIR but only Arun Mishra has been named in the FIR. 6. I have heard learned counsel appearing for the parties and perused the case diary. 7. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, considering the fact that applicant was not named in the FIR but only Arun Mishra has been named in the FIR, there is no suicide note, period of detention of the applicant since 01/06/2025, charge sheet has been filed and also considering the fact that trial is likely to take some time for its conclusion, this Court is of the view that the applicant is entitled to be released on bail in this case. 8. Accordingly, the bail application is allowed and it is directed that the Applicant- Nitin Mishra, involved in Crime No.232/2025 registered at 4 Police Station Chakradhar Nagar, District Raigarh (C.G.) for the offence punishable under Sections 333, 75 (1) (i), 75 (1) (ii), 75 (1) (iv), 308 (2), 108 read with Section 3 (5) of Bhartiya Nyay Sanhita, 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 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 5 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. 9. Office is directed to send a certified copy of this order to the trial Court for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE gouri