1 2025:CGHC:45074 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 6965 of 2025 1 - Radhelal Nirmalkar S/o Late Gulal Nirmalkar Aged About 50 Years R/o - Village Mura, Ward No. 4, Porabhatha, Police Station- Kharora, District- Raipur C.G. 2 - Smt. Rameshwari Nirmalkar W/o Radhelal Nirmalkar Aged About 40 Years R/o - Village Mura, Ward No. 4, Porabhatha, Police Station- Kharora, District- Raipur C.G. 3 - Suraj Nirmalkar S/o Radhelal Nirmalkar Aged About 27 Years R/o - Village Mura, Ward No. 4, Porabhatha, Police Station- Kharora, District- Raipur C.G. ... Applicants versus State Of Chhattisgarh Through The S H O, P.S. Kharora, Distt. Raipur C.G. ... Respondent For Applicants : Shri Gary Mukhopadhyay, Advocate. For Respondent/State : Shri Soumya Rai, PL. GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.09.04 18:02:28 +0530 2 Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 03/09/2025 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 applicants who have been arrested in connection with Crime No.633/2024 registered at Police Station Kharora, Distt. Raipur, C.G. for the offence punishable under Sections 304(B), 34 of IPC. 2. Case of the prosecution, in brief, is that on 15th March 2024, at around 9:00 pm, deceased Smt. Durgeshwari Nirmalkar, a 22-year-old woman was found hanging from the ceiling fan in her room. The deceased's husband, Yashwant Nirmalkar, reported the incident to the police at Police Station Kharora, District- Raipur. A suicide note was recovered from the scene, which implicated the husband's family members, stating that they were responsible for her death. The maternal side of the deceased alleged that the deceased was subjected to mental harassment and cruelty by her in-laws, including deceased's father-in- law Radhelal Nirmalkar, mother-in-law Rameshwari Nirmalkar, aunt-in- law Rajkumari Nirmalkar, sister-in-law Puja Nirmalkar, brother-in-law Suraj Nirmalkar, grandmother-in-law Sukhiya Nirmalkar, and husband's younger brother Pankaj Nirmalkar, over dowry demands. On the basis of the report, the police registered the offence against the applicants under section 304 (B) and 34 of IPC and they were arrested on 29.04.2025. 3. Learned counsel for the applicants submits that the present applicants are not involved in the demand of dowry or harassment and therefore they have no role in commission of alleged offence. He would submit 3 that from perusal of the deceased's suicide letter, "Meri Kahani," it is evident that it does not mention any demand for dowry or taunts related to dowry by the applicants/accused but only mentions that the deceased was distressed by the preferential treatment given to her sister-in-law by her mother-in-law. Additionally, the suicide note discloses minor domestic issues common in every household, such as the mother-in-law's dissatisfaction with the deceased's work. Notably, the suicide note also does not contain any allegations that the deceased was subjected to physical abuse (beating or assault) and therefore does not establish any connection between these issues and the alleged dowry death or suicide. He would submit that the charge sheet has been filed in this case, the applicants are in jail since 29/04/2025 and conclusion of trial will take some time, therefore, he prays for grant of bail to the applicants. 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. He would submit that deceased committed suicide by hanging and the suicide note has been recovered wherein general allegations have been levelled against the applicants. 5. I have heard learned counsel appearing for the parties and perused the case diary. 6. Taking into consideration the facts and circumstances of the case, submissions of learned counsel for the parties, considering the fact that general allegations have been levelled against the applicants in the suicide note, period of detention of the applicants since 29/04/2025, charge sheet has been filed and also considering the fact that trial is 4 likely to take some time for its conclusion, this Court is of the view that the applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the applicant No.1-Radhelal Nirmalkar, applicant No.2 Smt. Rameshwari Nirmalkar and applicant No.3 Suraj Nirmalkar, involved in Crime No.633/2024 registered at Police Station Kharora, Distt. Raipur, C.G. for the offence punishable under Sections 304(B), 34 of IPC, be released on bail on each of them furnishing a personal bond with two sureties in the like sum to the satisfaction of the Court concerned with the following conditions:- (i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicants misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 84 of BNSS. is issued and the applicants fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. 5 (iv) The applicants 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 applicants are 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 them in accordance with law. 8. 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