1 2025:CGHC:46611 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6369 of 2025 Rakesh Kumar Nirmalkar S/o Durga Prasad Aged About 25 Years R/o Village- Lakhasar, P.S. Sakri, District Bilaspur C.G. ... Applicant versus State Of Chhattisgarh Through Station House Officer Jarhagaon, District – Mungeli, C.G. ---- Non-applicant For Applicant : Mr. Ayush Lall, Advocate. For Non-applicant/State : Ms. Smriti Shrivastava, Panel Lawyer. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 11.09.2025 1. The applicant has preferred this First Bail Application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail, as he has been arrested in connection with Crime No. 54/2025, registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Section 108 of the Bharatiya Nyaya Sanhita, 2023 (BNS). 2. The case of the prosecution, is that on 20.03.2025, the husband of the deceased (Lata Nirmalkar), Rakesh Kumar Nirmalkar lodged an oral complaint in Police Station concerned, that his wife Lal Nirmalkar has RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 committed suicide by hanging herself with a sari and an under construction house of Sitaram Agrawal in Daukapa, on the basis of the said information, the Police registered the case and started investigation, in the investigation it was found that the deceased committed suicide in frustration because her husband (Rakesh Kumar Nirmalkar), used to assault her after getting intoxicated and he did used to provide her money for her expenses. Therefore, the crime was registered against the applicant and he was arrested. Hence, this application. 3. It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case. It is further submitted that the marriage between the applicant and the deceased was solemnized in the year 2019, and the deceased committed suicide by hanging herself, and the cause of death of is asphyxia as a result of hanging, further there is neither any eye-witness of the incident, nor any suicide note is found, and also there is no any dying declaration of the deceased. It is further submitted that the charge-sheet has been filed in this case. The applicant is in jail since 13.05.2025 and trial is likely to take quite long time for its conclusion, therefore, he prays for grant of bail. 4. On the other hand, the learned State counsel opposes the bail application and submits that the charge-sheet has been filed in this case. It is further submitted that due to the ill-treatment and the physical assault committed by the applicant, the deceased committed suicide by hanging herself, therefore, he is not entitled for grant of bail. 5. I have heard learned counsel for the parties and perused all of the documents available on record. 3 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 marriage between the applicant and the deceased was solemnized in the year 2019, and the deceased committed suicide by hanging herself, and the cause of death of is asphyxia as a result of hanging, further there is neither any eye-witness of the incident, nor any suicide note is found, and also there is no any dying declaration of the deceased, charge-sheet has been filed against the applicant, the applicant is in jail since 13.05.2025 and conclusion of the trial is likely to take some time, I am inclined to allow this application. 7. Let applicant, Rakesh Kumar Nirmalkar, involved in Crime No. 54/2025, registered at Police Station – Jarhagaon, District – Mungeli (C.G.) for the offence punishable under Section 108 of the 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 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 4 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 Rajshekhar