1 2025:CGHC:49645 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 7821 of 2025 1 - Satish Sahu S/o Shri Chandrashekhar Sahu Aged About 27 Years, 2 - Chandrashekhar Sahu S/o Ganesh Sahu Aged About 50 Years Both R/o Village Chipridih, P.S. Gobra Nawapara, District Raipur Chhattisgarh ... Applicants versus State Of Chhattisgarh Through Station House Officer, Police Station Gobra Nawapara, District Raipur (C.G.) ... Respondent For Applicants : Shri Balraj Gupta, Advocate. For Respondent/State : Smt. Smriti Shrivastava, PL. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 06/10/2025 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 GOURI MUDALIAR Digitally signed by GOURI MUDALIAR Date: 2025.10.06 19:17:51 +0530 2 No.221/2025 registered at Police Station Gobra Nawapara, District Raipur (C.G.) for the offence punishable under Sections 80, 3(5) of B.N.S. 2. Case of the prosecution, in brief, is that the complainant, has lodged report to concerned police station with intend that the applicants harassed and mentally tortured the deceased in the name of less than dowry, due to mental harassment, deceased committed suicide herself by hanging. Based upon such report, concerned police station has registered the offence punishable under section 80, 3(5) of B.N.S. against present applicants and other family members in this crime. 3. Learned counsel for the applicants submits that applicant No.1 is the Jeth and applicant No.2 is the father-in-law of the deceased and mother-in-law and sister-in-law of the deceased have been allowed bail by the trial court. He would submit that there is no eye witness account, no dying declaration and no suicide note and husband of the deceased is already in jail. He would submit that the charge sheet has been filed in this case, applicants are in jail since 21/06/2025 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 she would submit that charge sheet has been filed in this case before the competent court. 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, nature of allegation levelled against the applicants, applicant No.1 is 3 the Jeth and applicant No.2 is the father-in-law of the deceased and mother-in-law and sister-in-law of the deceased have been allowed bail by the trial court, further the fact that there is no eye witness account, no dying declaration, no suicide note and husband of the deceased is already in jail, considering the period of detention of the applicants since 21/06/2025, 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 applicants are entitled to be released on bail in this case. 7. Accordingly, the bail application is allowed and it is directed that the Applicants- Satish Sahu & Chandrashekhar Sahu, involved in Crime No.221/2025 registered at Police Station Gobra Nawapara, District Raipur (C.G.) for the offence punishable under Sections 80, 3(5) of B.N.S., 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. 4 (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. (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 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 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