1 2025:CGHC:41277 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6434 of 2025 Birendra Kumar Sahu S/o Kumer Singh Aged About 36 Years R/o Chandanbirahi, Police Station Doundilohara, District - Balod (C.G.) ... Applicant versus State of Chhattisgarh Through Police Station Gunderdehi, District - Balod (C.G.) ... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-Applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. 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 Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 194/2025 registered at Police Station – Gunderdehi, District Balod (C.G.), for the offence punishable under Section 108 of the Bhartiya Nyaya Sanhita, 2023. 2. As per the prosecution story, on 14.06.2025, at around 8:30 AM, when the deceased, Smt. Maheshwari Sahu, went to the agricultural field, the applicant, suspecting her character, assaulted her with a bamboo stick. Due to this incident, after returning home, the deceased consumed ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.08.14 19:48:48 +0530 2 pesticide. She was first admitted to the Government Hospital, Gundardehi, and later shifted to the District Hospital, Durg, on 15.06.2025. Thereafter, on 16.06.2025, she was taken to Sparsh Hospital, Bhilai, where the doctor declared her dead. On the basis of the complaint, an FIR was registered under Section 108 of the BNS, 2023, and investigation is ongoing. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that no suicide note was left behind by the deceased, and no dying declaration of the deceased was recorded or narrated by any witness during the investigation. He further submits that the deceased, after seeking a partition from the parents of the applicant, wanted to reside at her maternal house, but the applicant was not ready to live at his matrimonial house, which made the deceased extremely angry. On 14.06.2025, a meeting was held at the applicant's house, wherein the father of the applicant agreed to give a partition of the land. However, the deceased consumed pesticide allegedly to pressurize them to meet her higher demands. He also submits that the FIR was registered after a delay of 17 days and that there were no injuries found on the body of the deceased, moreover, the present applicant has no criminal antecedents and he is in jail since 03.07.2025, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the applicant. 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. She submits that the applicant used to suspect the character of the deceased and also bit her, which led her to consume pesticide. Therefore, the applicant is not entitled to the grant of regular bail. 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 the fact that no suicide note was left behind by the deceased, there are no injuries found on the body of the deceased, and the death of the deceased was due to poisoning. Moreover, considering that the present applicant has no criminal antecedents and the charge-sheet has already been submitted in the present case before the competent Court and the applicant is in jail since 03.07.2025, conclusion of the trial may take some time, therefore, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the applicant – Birendra Kumar Sahu, involved in Crime No. 194/2025 registered at Police Station – Gunderdehi, District Balod (C.G.), for the offence punishable under Section 108 of the Bhartiya Nyaya Sanhita, 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. (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. 4 (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 concerned for necessary information and compliance forthwith. - Sd/- (Ramesh Sinha) Chief Justice Abhishek