1 2025:CGHC:5319 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8780 of 2024 Arjun Dhrithlehare @ Arjun Lehre S/o Ulevan Dhritlehre Aged About 22 Years R/o Ravanbhata Chowk Near Dodekala, Police Station - Vidhansabha, District - Raipur, Chhattisgarh. ... Applicant(s) versus State Of Chhattisgarh Through The Station House Officer, Police Station - Vidhansabha, District - Raipur, Chhattisgarh. ... Non-Applicant(s) For Applicant(s) : Mr. Vikram Pratap holding the brief of Mr. Aamir Khan, Advocate. For Non-Applicant(s) : Ms. Shubha Shrivastava, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 29/01/2025 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 applicant who has been arrested in connection with Crime No. 484/2024 registered at Police Station Vidhansabha, District - Raipur (C.G.) for the offence punishable AKHILESH KUMAR DEWANGAN Digitally signed by AKHILESH KUMAR DEWANGAN 2 under Section 108., 3(5) of Bharatiya Nyaya Sanhita (for short ‘BNS’). 2. Case of the prosecution, in brief, is that the deceased, Santosh Patle, and his family were constantly harassed and threatened by the applicants/accused, Arjun Lahare and Jagan Lahare, which led to their extreme distress, fear, and torture. On 27.08.2024, at 6:00 am, Santosh Patle committed suicide by jumping in front of a train at the Barbonda railway crossing. Thereafter, the offence has been registered against the applicant. 3. Learned counsel for the applicant submits that the applicant has not committed any offence and he has been falsely implicated in offence in question. He further submits that applicant has no relation with the suicide of deceased and he is not responsible for the said act, further deceased was having his own problems in his life, due to which, he committed suicide and the applicant was arrested only on the basis of suspicion. The applicant is in jail since 30.08.2024, the applicant has two criminal antecedents, out of which, one case is under the BNS, which has already been disposed of by learned JMFC, Raipur vide order dated 28.10.2024 and the applicant has been acquitted from all the charges leveled against him and one case is of Istagasha, which has also been disposed of on 28.10.2024, charge-sheet has been filed and the trial is likely to take some time for its conclusion. Therefore, he prays for grant of bail to the applicant. 4. On the other hand, learned State Counsel opposes the bail application and submits that the charge-sheet has been filed in the 3 present case. She further submits that deceased, Santosh Patle, and his family were constantly harassed and threatened by the applicants/accused, Arjun Lahare and Jagan Lahare, which led to their extreme distress, fear, and torture. On 27.08.2024, at 6:00 am, Santosh Patle committed suicide by jumping in front of a train at the Barbonda railway crossing, further the applicant has two criminal antecedents, therefore, he is not entitled for grant of bail. 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 and gravity of offence, period of detention of the applicant since 30.08.2024, the fact that the deceased, Santosh Patle, and his family were constantly harassed and threatened by the applicants/accused, Arjun Lahare and Jagan Lahare, which led to their extreme distress, fear, and torture, thereafter on 27.08.2024, at 6:00 am, Santosh Patle committed suicide and as per suicidal note left behind by the deceased, though the involvement of applicant has been shown, but the deceased has committed suicide by jumping in front of a train at the Barbonda railway crossing, so far as criminal antecedents of the applicant are concerned, the applicant has two criminal antecedents and both the cases have already been disposed of, further charge-sheet has been filed in the present case and this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Arjun Dhrithlehare @ Arjun Lehre, involved in Crime No. 484/2024 registered at Police Station Vidhansabha, 4 District - Raipur (C.G.) for the offence punishable under Section 108., 3(5) of 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 sufÏcient 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 5 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil