1 2025:CGHC:131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 8962 of 2024 Deepak Kumar Bagh S/o Lt. Kheer Sindhu Bagh Aged About 40 Years R/o Lohar Gali, Metguda Para (Jawahar Nagar Ward), Jagdalpur, District : Bastar (Jagdalpur), Chhattisgarh ... Applicant(s) versus State Of Chhattisgarh Through- S.H.O. P.S. Bodghat, District : Bastar (Jagdalpur), Chhattisgarh ... Non-Applicant(s) For Applicant(s) : Mr. Sumit Singh, Advocate For Non-Applicant(s) : Mr. U.K.S. Chandel, Deputy Advocate General. 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 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. 293/2024 registered at Police Station Bodghat, District : Bastar (Jagdalpur) (C.G.) for the offence punishable under Sections 306, 294 of the Indian Penal Code. 2 2. Case of the prosecution, in brief, is that in December 2023, the applicant alongwith his family members approached the parents of the deceased Gunjan Mandal for her marriage with the applicant. By consent the marriage was fixed in the month of April 2024. During the courtship, the applicant use to talk to the deceased over the phone, they use to chat and use to appear socially. In March 2024, the father of the applicant died because of which the marriage was postpone. Thereafter, the applicant started neglecting the deceased because of which she was worried. Later on the applicant refused to marry the deceased. Being aggrieved by the same the deceased along with her family members visited the house of the applicant on 09.06.2024, where the applicant misbehaved with her and used filthy language and refused to marry the deceased. The deceased was disturbed with the conduct of the applicant. On 11.06.2024, she hanged herself at her home. Thereafter, the offence under Section 306 was registered against the present applicant. Hence, this bail application 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 there is no evidence on record to suggest that the suicide committed by the deceased has direct proximity with the abetment and instigation of the present applicant also from the bare reading of FIR and charge-sheet will suggest that there is no offence under Section 306 and 204 is made out against the present applicant, as there is no direct evidence of abetment and instigation against the applicant. The applicant is in 3 jail since 16.07.2024, the applicant has no criminal antecedent, 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 appearing for the respondent/State opposes the bail application and submits that the charge-sheet has been filed in the present case. He further submits that the applicant’s and deceased’s families had agreed to the marriage in April 2024, and the accused and the deceased had started talking and meeting each other. However, after the father of accused passed away, the wedding was postponed, and the accused started avoiding the marriage, causing the deceased a lot of distress. The deceased had even told her family members that she and the accused had developed a relationship, but now the accused was calling her character into question and refusing to marry her, due to which she committed suicide, therefore, the applicant is not entitled for grant 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 16.07.2024, the fact that the allegation against the applicant that his family and deceased’s families had agreed to the marriage in April 2024, and the accused and the deceased had started talking and meeting each other, however, after the father of accused passed away, the wedding was postponed, and the 4 accused started avoiding the marriage, causing the deceased a lot of distress, the deceased had even told her family members that she and the accused had developed a relationship, but now the accused was calling her character into question and refusing to marry her, due to which she committed suicide, but the fact that the cause of death is asphyxia as a result of ante mortem hanging, there is no ante mortem injury found on the person of deceased except ligature mark, also there is no suicidal note left behind by the deceased, no eye witness account and no dying declaration was recorded, further the applicant has no criminal antecedent and charge-sheet has been filed in the present case, this Court is of the view that the applicant is entitled to be released on bail in this case. 7. Let the Applicant-Deepak Kumar Bagh, involved in Crime No. 293/2024 registered at Police Station Bodghat, District : Bastar (Jagdalpur) (C.G.) for the offence punishable under Sections 306, 294 of IPC, 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 5 269 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 for necessary information and compliance. Sd/- (Ramesh Sinha) CHIEF JUSTICE Akhil