1 2025:CGHC:3684 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 588 of 2025 Pradeep Kushwaha S/o Pannalal Kushwaha Aged About 25 Years R/o Ward No. 06 Bhalour, Police Station Manendragarh, District Manendragarh- Chirmiri-Bharatpur Chhattisgarh ... Applicant versus State of Chhattisgarh Through OfÏcer In Charge Manendragarh Dist M.C.B. Chhattisgarh ... Non-applicant For Applicant : Mr. Shivam Agrawal, Advocate. For Non-Applicant/State : Mr. Malay Jain, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 21.01.2025 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. 318/2024 registered at Police Station – Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Section 306 of the Indian Penal Code, 2023. 2. The prosecution's brief facts are as follows: The applicant and deceased Ragni Kushwaha were married on June 28, 2020, with 2 traditional rites and rituals. They had a 2.5-year-old son. The applicant informed Manendragarh Police Station that his wife committed suicide by hanging between October 6-7, 2024. Initially, a marg report was filed; however, after investigation, it was found that the deceased died due to cruelty by the applicant. Consequently, an FIR was registered at Manendragarh Police Station under Section 108 of the BNS, and a charge sheet was filed under the same section before the competent court. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that no injuries were found on the deceased's body that could be attributed to the applicant. Furthermore, he states that there is no dying declaration from the deceased, nor was any such statement recorded or narrated by witnesses during the investigation. The applicant never demanded any money from the deceased or her parents, and he never committed any cruelty or misbehavior towards the deceased. He also submits that the applicant is in jail since 23.10.2024, conclusion of the trial may take some time, therefore, he prays for grant of regular bail to the present 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. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Considering the facts and circumstances of the case, the submissions 3 of the learned counsel for both parties, and the fact that there is no injuries were found on the deceased's body that could be attributed to the applicant. Furthermore, there is no dying declaration from the deceased, nor was any such statement recorded or narrated by witnesses during the investigation. Moreover, the charge-sheet has already been submitted before the competent Court in the present case and the present applicant is in jail since 23.10.2024, conclusion of the trial may take some time, therefore, this Court is of the considered view that the present applicant is entitled to be released on bail in this case. 7. Let the Applicant – Pradeep Kushwaha, involved in Crime No. 318/2024 registered at Police Station – Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.), for the offence punishable under Section 306 of the Indian Penal Code, be released on bail on furnishing 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 sufÏcient 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 sufÏcient 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. OfÏce 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 ABHISHEK SHRIVAS Digitally signed by ABHISHEK SHRIVAS Date: 2025.01.22 17:22:05 +0530