1 2025:CGHC:175 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 9023 of 2024 Dharampal Yadav S/o Jata Yadav Aged About 27 Years R/o Village - Turridipa, Chowki - Pandrapath, P.S. Bagicha, District : Jashpur, Chhattisgarh ... Applicant versus State of Chhattisgarh Through Station House Officer, Police Chowki - Pandrapath, P.S. Bagicha, District : Jashpur, Chhattisgarh ... Non-applicant For Applicant : Mr. Jitendra Kumar Saxena, Advocate. For Non-Applicant/State : Mr. Sakib Ahmed, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 02.01.2025 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. 181/2024 registered at Police Chowki – Pandrapath, Police Station Bagicha, District Jashpur (C.G.), for the offence punishable under Sections 306 and Section 203 of the Indian Penal Code. 2. The prosecution's case is that on May 22, 2022, a merg intimation was given at Police Chowki-Pandrapath, stating that the deceased, 2 Gyanti Bai (the applicant's wife), was suffering from vomiting and diarrhea. The applicant allegedly brought ORS and tablets from Pandrapath Hospital and administered them to the deceased, but she passed away at around 6:00 AM. Based on this intimation, a merge report no. 53/2022 was registered. More than two years later, on October 4, 2024, offenses under Sections 306 and 203 of the IPC were registered against the applicant in crime no. 181/2024. The applicant was arrested on October 7, 2024, on allegations of physically and verbally abusing his wife, which led her to consume poison and ultimately died. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. He submits that the present FIR was registered against the applicant more than two years after the incident. He further submits that the applicant and the deceased lived peacefully without any objections or complaints, and they had a daughter together. He also submits that the present applicant is in jail since 07.10.2024 and 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, learned State Counsel opposes the bail application of the present applicant and submits that the charge- sheet has been submitted before the competent Court in the present case. 5. I have heard learned counsel appearing for the parties and perused the case diary. 3 6. Considering the facts and circumstances of the case, submissions of learned counsel for the parties, and further the fact that the present FIR was registered against the applicant more than two years after the incident. Also considering the fact that the charge - sheet has already been submitted before the competent Court in the present case and the present applicant is in jail since 07.10.2024, 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 – Dharampal Yadav, involved in Crime No. 181/2024 registered at Police Chowki – Pandrapath, Police Station Bagicha, District Jashpur (C.G.), for the offence punishable under Sections 306 and Section 203 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 sufficient 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 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 Abhishek